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R-2012-023-2012-02-13 RESOLUTION NO. R2012 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING AN EASEMENT BELONGING TO KINDER MORGAN CRUDE AND CONDENSATE, LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Easement attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby amended. PASSED, APPROVED, AND ADOPTED this 13 day of February, A.D., 2012. TOM REID MAYOR ATTEST: /QAR1.,gNo Yi NG • ,I `ING /' - _' `�' \ge P' Y S'�RETARY ``''' " APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2012 -23 PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR -157 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581 -5416 (hereinafter referred to as "Grantor ", whether one or more), and ETC NGL Transport, LLC., whose mailing address is 711 Louisiana, Suite 900, Houston, Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee "). For the consideration of TEN AND No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30') wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ( "the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches (20 ") in nominal diameter and any appurtenant facilities in, over, through, across, under, and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below - ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property (and the Temporary Construction Easement Property while in effect) to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over, under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street, roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715 I permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor, including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance, repair or removal of the pipeline by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives, successors, assigns, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of , 2012. GRANTOR: City of Pearland By: / 4 Printed NKne NavkaGee Title J 101715.1 GRANTEE: ETC NGL .. . _ •rinted •• -: Robert Rose Title• f ice - President -Land and Right of Way ACKNOWLEDGMENTS State of Texas ) tt )ss County of . t�j' celec.A \ CL_ ) The foregoing instrument was acknowledged before me this 4 h g g g �� day of `�� i` U at V , 2012, by r �, 1` P- (f-,f' 0\ ,as Cry - \ j day , of the City of Pearland, on behalf of the City of Pearland. rxzi ■ i : 1L LL 1� tc. 7 z fi KA HERINi E. B TTICK ' Notary Public ' t Notary P 1bIfc ' .( � �) STATE OF TEXAS l'‘{ t ( "+l +rt y 0 My Comm. Exp.01iJ2 /2016 �� i (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) /17 � i "- The foregoing instrument was acknowledged before me this da • - t&L -' ' � 2012, by Robert Rose, Vice - President -Land and Right of Way of ETC NGL Transport LLC. 4 / C ,/ , ) ,, A1/(itiLifielit/7 L;r \ i N )t,-,■ y H l `' it N tary Public ( F` �Jlrirt1, :1112 r f `L� . \A ( 5 (Print Name of Notary Public Here) Please Return To: 101715.1 August 8, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX -BR -157 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT -OF -WAY & EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right -of -way & easement, extending over, through, along and across a called 1.680 acre tract being Reserve "E" of the Partial Replat of Oakbrook Estates, Section 6, a plat of which is recorded in Plat Document Number 2007004022, Brazoria County Plat Records, said 1.680 Reserve "E" tract of land being recorded in Document No. 2009024565, Official Public Records of Brazoria County, Texas, said 1.680 acre tract being situated in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and coordinates are based on the Texas Coordinate System, South Central Zone, NAD 83 (in feet). BEGINNING at a point in a West property line of said 1.680 acre tract, said West line being the Easterly right -of -way line of Grandoak Drive, said "POINT OF BEGINNING" being South 38 °06'45" East, a distance of 76.03 feet from the calculated most Westerly Northwest corner of said 1.680 acre tract of land, said "POINT OF BEGINNING" having coordinates N= 13,760,681.73, E= 3,159,659.82; THENCE, North 70 °42'58" East, a distance of 59.73 feet to a point; THENCE, along a line 13 feet Northwesterly of and parallel to an existing ExxonMobil 8" pipeline, North 70 °06'42" East, a distance of 388.98 feet to the POINT OF EXIT in the Northeasterly property line of said 1.680 acre tract of land, said "POINT OF EXIT" being South 48 °23'09" East, a distance of 54.24 feet from the calculated most Northerly corner of said 1.680 acre tract, said "POINT OF EXIT" having coordinates N= 13,760,833.78, E= 3,160,081.98. Total Feet: 448.71' Total Rods: 27.19 F Plat attached. r �'� �z 14 ir,f / tlICI N 4_ • 4 • ®R c ` Lucien C. Schaffer, Jr., '/' .S. No 48 3 4 .r • Energy Transfer \3737 \37372176_ Flle Gate: 07/23/11 1R00 P. R S737117i_ I tak oholder'e Initials : __ Data 2 / m A ' o .P. � I �o g In m 59cp • 33 P PI o to a o Cr o o Y p a. Rc n / \ g who Z \ f -n =a a: / \-� R- 3 � ' y \ 0 • J v, ,fib .�� p o c. r. P.) -• Z 7 0 n m a 3 .o ,7 j n • ,: Jo = _.• o 3 (n 0 o a e S lx ° -J in o N F o 11 ' a J . '� ®v 0 o � �A - - p L, r., R- 3 • XI — a '1 $ c = D 4 W n o n m� r (0o r 0 os Q I \ ' W 11 I 00 0 > > N ailm i m o m a �. 7 p . , A V .&'1 m a O'13 t`r d >: n- O R ri q a 61 re, (n o f nrn 2 ° gX 11 g. \,.. Co A ii...\\ = x — — m z :. .. . W to — r � O s m V, A 00 o 2 m 1p co Pa 20 ti I � v� o -0 4 • , J I! 2 o I 3 p c n 2o rtN:: 5.,... - t o So N J oo l n 2 4Y Pi I 1 J 6 4 I r•-• I13 io n o O� i0:..1 R $ 2 o - _. . , c�.� CO V O • tp O 7 a, 43 y A C. O O g rb y I -\ m PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR -157.1 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581 -5416 (hereinafter referred to as "Grantor ", whether one or more), and ETC NGL Transport, LLC., whose mailing address is 711 Louisiana, Suite 900, Houston, Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee "). For the consideration of TEN AND No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30') wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ( "the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches (20 ") in nominal diameter and any appurtenant facilities in, over, through, across, under, and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below - ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property (and the Temporary Construction Easement Property while in effect) to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over, under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street, roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor, including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance, repair or removal of the pipeline by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives, successors, assigns, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of , 2012. GRANTOR: City of Pearland By: /4.e Printed Name VONU)LUIfta( Title V 101715.1 GRANTEE: ETC NG .1 .. LLC Printed - e: Robert Rose • -: Vice - President -Land and Right of Way ACKNOWLEDGMENTS State of Texas ) _ )ss County of ) r eil 01 1 CL ) The foregoing instrument was acknowledged before me this \ ` day of t � � L(4 (' V, 2012, by 61 1� t f` p'l , as C, -► i 1 M (LY J (If' '' , of the City of Pearland, on behalf of the City of Pearland. , 11/430+._ Ya.-qiu \ Lit__,L „LC t2_. „,,, KA i H ER! ; E ' ! rT: Notary Public , ` NOf3iy Public § ` � � 'r J Sig t OCTEXAS /� �t # 'Y,' C, L- � T,r DfyCorrn.fix?.Qi;32/2Q 5 Y om` � i' 1'II1CV ` (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) The foregoing instrument was acknowledged before me this J day .. ' � Z ' L �' 012, by Robert Rose, Vice - President -Land and Right of Way of ETC NGL Transport LLC. i i f \ t ( 4/ 1 11, - 1 \*1. / t ).,--------- 0 � '� o Pu blic r � n r„cais } , },, 12 Pu ,kI1 /L Lk� c ks (Print Name of Notary Public Here) Please Return To: 101715.1 August 10, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX -BR -157.1 METES & BOUNDS DESCRIPTION FOR A PROPOSED PERMANENT RIGHT -OF -WAY & EASEMENT ACROSS CITY OF PEARLAND Metes & bounds description for a proposed permanent right -of -way & easement, extending over, through, along and across a called 0.262 acre tract being Reserve "A" of the Partial Replat of Oakbrook Estates, Section 6, a plat of which is recorded in Plat Document Number 2007004022, Brazoria County Plat Records, Brazoria County, Texas, said 0.262 acre tract being recorded in Document No. 2009024565, Official Public Records of Brazoria County, Texas, said 0.262 acre tract being situated in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said metes & bounds being more fully described as follows: Bearings and coordinates are based on the Texas Coordinate System, South Central Zone (NAD 83 in feet). BEGINNING at the calculated Northeast corner of said 0.262 acre tract, said corner being in the Westerly right -of -way line of Grandoak Drive, said "POINT OF BEGINNING" having coordinates N= 13,760,657.83, E= 3,159,615.82; THENCE, 7.13 feet along said Westerly right -of -way line and a curve to the right having a radius of 269.77 feet, a delta of 01 °30'50" and a chord bearing of South 31°16'32" East, a distance of 7.13 feet to a point; THENCE, South 70 °42'58" West, a distance of 18.29 feet to a point on the Northwest property line of said 0.262 acre tract; THENCE, along said Northwest property line, North 48°11'32" East, a distance of 18.20 feet to the POINT OF BEGINNING and containing 0.0015 acres of land. Total Square Feet: 64 Total Acreage: 0.0015 Plat attached. ;'•';fit .sE OF T C 54 , e7 . 4: C lp k41-1) 4803 .. • ucien C. Schaffer, Jr., °.P.'L.S. No. 4803 \.10 'o� -79 Aura Energy Transfer \3737 \37372177A BRAZORIA COUNTY, TEXAS W.D.C. HALL LEAGUE, A -70 u/G Cable \ P.O.B. .p N =13,760,657.83 E =3,159,615.82 q_ (3) Exist. Conoco Phillips ' Pipelines Proposed 30' Wide Permanent R/W ' Easeme • �! , R =269.77' do nt `L 4 1 L =7.13' ?� ` --- / A =01'30'50" 15' � � - / I CB =S 31'16'32' E $ W 7.13' icy . ' * I 5 ,2 Exist. Kinder Morgan �) i, Pipeline q (2) Exist. ExxonMobil ill } B Pipelines ,, Temporary Fnd. Work Space q Exist. ExxonMobil Iron Rod — ±•1 0' MV ' 14" Pipelines j { Y i (TX— BR- 157.001) ■ i — r Grandoak Drive i A ( TX —BR -158 ) * Oakbrook Estates, Ltd. (TX—BR-157.1) CITY OF PEARLAND \ e Acre Reserve "A" Document No. 2009024565 Official Public Records Of Brazorla County, Te as 1i 0 R 1, Lucien C. Schaffer, Jr., Do Hereby Certify That This Plat Reflects a Survey Made On the Ground • Partial Replat Under my Supervision During May, 2011. Fnd Oakbrook Estates, Section 6 Iron Rod Plat Doc. No. 2007004022 Brazorfa County Plat Records . - �ZE,a. r ' L UCiCN —..-....—...A.-.. . / 11. - p 4t?Q3 • O i b .5 10 // N Air ' 2 ,__ i -> > Lucien C. Sc , e , Jr. Exhibit 'B' Registered Professional and Surveyor No. 4803 Notes: Permanent Easement R 1) All Bearings And Coordinates Are Based On The "Texas Coordinate System , South Central Zone, NAD 83 (US Feet). Total A Fge 0.0015 < 2) Description Attached. Temporary Work Space h T S . Ft.: 3,202 r - // ,0,5 J:I 1' & ,1 iNltt'I,A'I' k . , A IN( q � �1�3f �,;s :3 1001' a no;��ION .re v:o1 .: Total Acreage: 0.0735 PIPELINE, STATION, OR ACCOUNT NUMBER SCALE CONST. YR. PROJECT NO E 1' - 30' ETC NGL TRANSPORT, LLC FILENUIABER S I373 FILENAME ARC 07/ 25/11 Houston, Texas REV. NO. - DESCRIPTION BY DATE APP. PROPOSED PREVIOUS DWG. NO. Z. 1 Changed Tract Number G&A 6/10111 PERMANENT R/W & EASEMENT SHE OF ACROSS io " CITY OF PEARLAND DWG. NO 2 BRAZORIA COUNTY, TEXAS SHT. 1 O F OF PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR -167 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581 -5416 (hereinafter referred to as "Grantor ", whether one or more), and ETC NGL Transport, LLC., whose mailing address is 711 Louisiana, Suite 900, Houston, Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee "). For the consideration of TEN AND No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30') wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ( "the Permanent Easement Property ") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches (20 ") in nominal diameter and any appurtenant facilities in, over, through, across, under, and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below - ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property (and the Temporary Construction Easement Property while in effect) to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over, under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street, roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715 .i permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor, including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance, repair or removal of the pipeline by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives, successors, assigns, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of , 2012. GRANTOR: City of Pearland By: - `\ C■ ( & ) n Printed Na V\ \) WAN"( Title 101715 .1 GRANTEE: ETC _ - .1 .1 _ Printed N. -: Robert Rose Titl- • I ice - President -Land • nd Right of Way ACKNOWLEDGMENTS State of Texas ) )ss County of ,t'_ E∎\ 1 [ . ) The foregoing instrument was acknowledged before me this Hit ` day of � t bt ti,( is l I , 2012, by l lk L ,C r "l as C_ t " V y 0 1 ( l tV l ali t r , of the City of Pearland, on behalf of the City of Pearland. .,, KATHER1 " rTT1C,K Notary Public } } Picts v I �'ut I 'K/ . ;/ STS }r Try., � "CC\ t ' IrLC 1 1C p T E : , M y (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) The foregoing instrument was acknowledged before me this /(4 day 7 1 /1/L4 L' 1 ( - ' , by Robert Rose, Vice - President -Land and Right of Way of ETC NGL Transport LLC. r ■ 0( \ ', Public _ t\,1 C'''''''' \ f 1 ; 1 E Y N «,t 1■4 . %11 .; ,; "Y ' (Print Name of Notary Public Here) .,mom Please Return To: 101715.1 July 14, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX -BR -167 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT -OF -WAY & EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right -of -way & easement, extending over, through, along and across a 1.0355 acre tract of land, as described and recorded in Document No. 2006047180 Official Records of Brazoria County, Texas, said tract being situated in the H.T. & B. R.R. Company Survey Section 27, Abstract 308, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone, NAD 83 (in feet). BEGINNING at a point in the South property line of said 1.0355 acre tract, said "POINT OF BEGINNING" being South 86 °36'50" West, a distance of 308.25 feet from an iron rod found in the Southwesterly right -of -way line of State Highway 35 and the Southeast corner of said 1.0355 acre tract, said iron rod also being the Northeast corner of Jud's Food Stores, Inc. by deed recorded in Clerk's File No. 1994004499, Official Records of Brazoria, County, Texas said "POINT OF BEGINNING" having coordinates N= 13,758,690.41, E= 3,155,668.27; THENCE, parallel with and Northwesterly of an existing ExxonMobil 14" pipeline, North 42 °45'34" East, a distance of 191.52 feet to a point; THENCE, parallel with and Northwesterly of an existing ExxonMobil 14" pipeline, North 62 °30'40" East, a distance of 85.60 to the POINT OF EXIT in the Northeasterly property line of said 1.0355 acre tract of land, same being the Southwesterly right -of -way line of State Highway 35, said "POINT OF EXIT" being North 32 °08'42" West, along the Southwesterly right -of -way line of State Highway 35, a distance of 191.24 feet from an iron rod found in the Southwesterly right -of -way line of Highway 35 and the Southeast corner of said 1.0355 acre tract, said iron rod also being the Northeast corner of Jud's Food Stores, Inc. by deed recorded in Clerk's File No. 1994004499, Official Records of Brazoria, County, Texas said "POINT OF EXIT" having coordinates of N= 13,758,870.53, E= 3,155,874.23. Total Feet: 277.12 - Total Rods: 16.80 Plat attached. 'l>] 7//d1/4/ S. W. Freudensprung R.P.L.S. No. 5260 Energy Transfer13737137372107_ File Dote: 07/13/11 5:00 LG 37372107_ 1 =100' Stakeholder's Initial, : Dote : :4O PEel _ §4 a p jp rf, - o 0 A ,'',4 o g #o o zv id 8 ( ° q 0 iif.4 0:/ n O. C o n o c� m it• C I q 5 W a ° n '" U 1 c n w o o - o o ff C m o a A p. 2�a°- l V' 6 3 - NN l o c� CD � O ° v rn S,'" c- OA.I 'al 9 � � � rt 0 '� 00° V • v vp g' el v � O. , .c O — g '0 \,....„. s. , al o q m J o 3 W k ti *. y 7 O 7 o ` ♦ 7 .9 2 5 \ (y� f«- c � 7 rF) -E: N � , f ar �Y• 2 S' �� TT O) CO e s 0 rt OoN a =o SA m 03 II 5 R ° n 3 x ct ` o� �� X x No o o m / D ^ o o o- o m I \ \ O m S 0 0 0 m t"' m / NJ o O. v ry v a ,``II T rt X R~� W N x N Z a 9 °m ° .,--:--. D! o t� �b /4 a zr o _ - o :II' L\ o 8 6 s n • Pt‘ a 'o - 0 v g n o R. 3 v rn ° o. 3 a 1 a 0 D r t P 0t rt�o z v , womb � . > _ \— N GI q -0 G. ' \ \ _. X O O w °I OD O m S O O --1 to * q � y? O I CI 'r c 2:041 i o • /= q o O o o - v 3 ? 2 om n R c Z o q � v re cg � ° o ' °v i 3 *M Tn v , o 0„ � O Z ' � m N r m .1°+0A-n c n s o \ \ � � 'OO -o � tA0Ng0w O'q - ? - 7..n N 'F 1 ° Oa v '� 0 -. / v _ 0 9 00 3 o h7 _. 0 V u d b • OG co es N o g -1 q 2 4.nw 0 � %.°. N O io O. O EA ..4 y D n 'o u q a PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR -187 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581 -5416 (hereinafter referred to as "Grantor ", whether one or more), and ETC NGL Transport, LLC., whose mailing address is 711 Louisiana, Suite 900, Houston, Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee "). For the consideration of TEN AND No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30') wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ( "the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches (20 ") in nominal diameter and any appurtenant facilities in, over, through, across, under, and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below - ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property (and the Temporary Construction Easement Property while in effect) to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over, under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street, roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715 1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor, including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance, repair or removal of the pipeline by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives, successors, assigns, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of , 2012. GRANTOR: City of Pearland /9 By: , /� Printed NRI e ‘i.St U\ 1U- (PikaCti Title tl.J 101715 1 GRANTEE: ETC NGL Trans. • • By: �%�11=14 �� - nted Name: Ro • rt Rose Title: Vice -Pr ident -Land an Right of Way ACKNOWLEDGMENTS State of Texas ) )ss County of ) (VC' 1) C\ ) The foregoing instrument was acknowledged before me th k �� day of tbrl,i (1 f' , 2012, by /0t kl. ��-i S f t > , as i4 %) YV\ (IV 1(1 Li f" r , of the City of Pearland, on behalf of the City of Pearland. =4.4.6.1.4.1.0•,,k4u6.frow,440", V (1±-iik_urvi.u,ti 1. itie_ ( ' T Nota Public �- riat a v ,� r' h„ ry i My Comm r u 0 '2i;1;7 y Kd t , , I"-, i 1( 1 .; (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) } 7� The foregoing instrument was acknowledged before me this da • ' , , M j , 14/ , 2012, by Robert Rose, Vice - President -Land and Right of Way of ETC NGL Transport LLC. c : I ,-,‘,"` • ,„ DoNNA ‘,P,=: La rr". gUi \‘;t1 _ tawCol Notary Public v .-/ke 1 (Print Name o Public Here) Please Return To: 101715 1 July 11,2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX -BR -187 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT -OF -WAY & EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right -of -way & easement, extending over, through, along and across a 80.0001 acre tract of land, as recorded in Document No. 2006042502, Official Records of Brazoria County, Texas, said tract being situated in the H.T. & B. R.R. Company Survey, Abstract 293, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone, NAD 83 (in feet). BEGINNING at a point in the West property line of said 80.0001 acre tract, said "POINT OF BEGINNING" being South 02 °41'30" East, a distance of 1,367.79 feet from a iron rod found at the Northwest corner of said 80.0001 acre tract of land, said "POINT OF BEGINNING" having coordinates N= 13,752,685.77, E= 3,149,947.51. THENCE, parallel with and 10 feet Northwesterly of an existing Kinder Morgan pipeline, and parallel with and 10 feet Southeasterly of an existing ExxonMobil 8" pipeline, North 43 °40'59" East, a distance of 1,043.62 feet to a point. THENCE, parallel with and 10 feet Northwesterly of an existing Kinder Morgan pipeline, and parallel with and 10 feet Southeasterly of an existing ExxonMobil 8" pipeline, North 43 °23'26" East, a distance of 783.74 feet to the POINT OF EXIT in the East property line of said 80.0001 acre tract of land, same being the West right -of -way line of County Road 115, said "POINT OF EXIT" being South 02 °41'30" East, a distance of 102.23 feet from an iron rod found for the Northeast corner of said 80.0001 acre tract, said "POINT OF EXIT" having coordinates of N= 13,754,009.59, E= 3,151,206.31. Total Feet: 1,827.36' Rods: 110.75 Plat attached. „i% tii'��icLL�y�`^ 7 '� '" S. W. Freudensprung P.L.S. No. 5260 Energy Transfer\3737'37372013_ BRAZORIA COUNTY, TEXAS H.T. & B. RR. CO. SURVEY, A -293 (1X- BR- 186.001) Wells Drive, R/W Fnd. (County Rood 115) Fnd. Iron Rod County Rood 115 Iron Rod • IE S0741'18'E 103.33' d POINT OF EIT SEE DETAIL 3 �, �':� 4 T E =3,151,206.54 .g rb Fnd of ` . O Iron N In t,I• Rod 4 /15' n i 4 so / 1 W Bo Fence re y/ ye f / 15' b j i> � / { o . 0 3 • SEE DETAIL 1 42' his. �,/ / 0 � b.:. 18.6' \1 ' {I % 6 + 1 � P.O.B. i 35 Y t Proposed 30' Q-' / Wide Permanent / & Easement P.O.B. Proposed 30' Wide Permanent 47.2' 5 R/W & Easement N= 13,752,685.77 , DETAIL 2 E= 3,149,947.51 Temporary Work Space & Permanent Eosement Configuration SEE DETAIL 2 Scale: 1" =100' (Tx -BR -187) POINT OF City of Pear/and EXIT 80.0001 Acre Tract 78.2' Document No. 2006042502 / / Official Records of Brazorio County, Texas / / (TX -BR -188) e:+ 1 / 't. Irene C. Adome 50' // , '� h 49.3' 'H I , //` , V 15 Fnd. Fnd. 1yo� 35' Iron Rod Iron Rod-,\ / /1' IF Proposed 30' Wide s le Permanent R/W 0 20• & Easement DETAIL 3 4 S. W. Freudensprung, Do Hereby Certify That Temporary Work Space & This Plat Reflects o Survey Made On the Ground Permonent Easement Configuration Under my Supervision During May, 2011. Scale: 1" =100' Exist. ExxonMobil , ■ obil 8 Pipeline , 4 � 1 10' p I 10 1". o / E1 sj. PE ellne a 1 4 P - Exist Kinder Morgan Pipeline y � ,, Proposed 30' Wide DETAIL 1 ---V "' i 1/CCGL •Ci r L 1_" R ‘ (I ,'/ , Permonent R/W r 1 i & Easement Scale: 1" =60' S. W. Freudens� rung Registered Professional Land Surveyor No. 5260 EXHIBIT "B" Total Feet: 1,827.70' • Notes: Total Rods: 110.77 Permonent Easement N 1) All Bearings And Coordinates Are Based On The - Texas Coordinate 54,831 Sq. Ft. = 1.2587 Acres m Syste , South Central Zone derived from GPS, NAD 83 (US Feet). Temporary Work Space I.1 2) Description Attached. 125,222 Sq. Ft. = 2.8747 Acres E P.L /STA g ACCT. NO. PROPOSED 30' WIDE `..... .,. N WORK NO. PERMANENT R/W & EASEMENT "' ^ REV BY DATE GULL & ACROSS ETC NGL TRANSPORT [LC g ASSOCIATES, INC. CITY OF PEARLAND 7705 SOUTH LOOP EAST BRAZORIA COUNTY, TEXAS HOUSTON. TEXAS 77012 PREVIOUS DWG. NO. (713) 644-3219 DRAWN DATE SCALE APPR. BY CONST.YR. oRASNG 1p. MBS 6/11 1" =400' CA- 3737 -2013 PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR -194 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581 -5416 (hereinafter referred to as "Grantor ", whether one or more), and ETC NGL Transport, LLC., whose mailing address is 711 Louisiana, Suite 900, Houston, Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee "). For the consideration of TEN AND No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30') wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ( "the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches (20 ") in nominal diameter and any appurtenant facilities in, over, through, across, under, and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below - ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property (and the Temporary Construction Easement Property while in effect) to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over, under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street, roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor, including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance, repair or removal of the pipeline by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives, successors, assigns, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of , 2012. GRANTOR: City of Pearland .�''�• By: - Printed Name ,(� ' •\�14av t3( Title 101715 1 GRANTEE: ETC NG . By: —/..f/IND _ _......1111111111b tilted Na • : Robert Rose Title: ice- President -Land a • • ight of Way ACKNOWLEDGMENTS State of Texas ) )ss County of ‘ - Mc4 \IJL ) , + The foregoing instrument was acknowledged before me this 1 `-t ti \ ' 7117 € day of , 2012, � by 6, tv �r , , , as C -. CA I ‘.ICU)(, C r , ofthe ity of Pearland, on behalf of the City of Pearland. ''77 - � Vaktit t U. IV L 16 .r:t� ,& KA T H R1N I ,! T T I+,4< Notary Public _ v „ ST I t O" 7 E Y �/ t _ _ i 641 -' My r U p t . l�, p t7 I ?2,2016 , ' K CO \f + `I tit L.- L_ - 1 -) A i Lk. (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) The foregoing instrument was acknowledged before me this / day'• 4, 4 j j 'u • 112, by Robert Rose, Vice - President -Land and Right of Way of ETC NGL Transport LLC. - , i: ,, ; ,,,!A vo,iif:Ps ,,., r,v o ry Public 1 ,.\,,, s ,, ii t s . 1 , ninCL, C (Print Name of Notary Public Here) Please Return To: 101715 1 July 19, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX -BR -194 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT -OF -WAY & EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right -of -way & easement, extending over, through, along and across 0.1233 acre tract, recorded under Clerk's File No. 2009005798, Official Public Records of Brazoria County, Texas, said 0.1233 acre tract being situated in the H. T. & B. R.R. Survey Section 31, Abstract 293, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone (NAD 83 in feet). BEGINNING at a point in the Southwest property line of said 0.1233 acre tract, said "POINT OF BEGINNING" being North 70 °33'43" West, a distance of 80.29 feet from an iron rod found at the Southeast corner of said 0.1233 acre tract, same being the West right -of -way line of Veterans Road, said "POINT OF BEGINNING" having coordinates N= 13,751,344.31, E= 3,148,578.12; THENCE, parallel with and 13 feet Northwesterly of an existing ExxonMobil pipeline, North 46 °15'12" East, a distance of 54.28 feet to the POINT OF EXIT in the North property line of said 0.1233 acre tract, said "POINT OF EXIT" being North 87 °18'46" East, a distance of 128.63 feet from an iron rod found at the Northwest comer of said 0.1233 acre tract, said "POINT OF EXIT" having coordinates of N= 13,751,381.84, E= 3,148,617.33. Total Feet: 54.28' Total Rods: 3.29 Plat attached. ,e S. W. Freudensprung R.P.L.S. No. 5260 Energy Transfer\3737\37372096_doc. _ Dabs o %, am _ 37372096_1 __der' ,__: Data : , 0:r St . �( kE 7 2 ƒ U | §� ea @ c� ƒ§ o / ƒ »( CO 0 , . f »� a) k 2 | ▪ § � °§/ Q | d� • § ° ) �� 0 Z k CO co 7 - 2 « 3 in No | IN / , r.| • ' § h is \\o ) , = } 2 Q W 2f ` § |.s ƒ a 0 � n § 0 § a| ,. -, kl • D I XI !1 | k \ i *\ N $ > y :7".. O , i; w D �! / ^ � C , � ~ � � � % < 0 - ' ' §o O | • $ %� CM . . I' 2 \ , ..1 Z 1 ■||| ¢ w ' | c" * k ■ • _ 2 O @ Z rn ) ■ ° ® k D - tit � o { ƒ 0. f , a z N I co -- R } \ -x . �� ] co § - ...--1 R_d $R ,�.R/W (oe. ¥ae / ce o „ re I_ k I- 7 1 I � 2 % o | a / > k , \ o 7 8� §$ a � ! � : o�� § § § _ E \ • &; § ® ' •.. .'� ��1 0. § 2 m s. » 6 �a E c., 0 - . > }J0 tea " \ � £� |] © . . . ▪ ,c» _2|� | |8b k 3 � o Osc _ t ` | ' o 0 # 4 � § • k/7 CA co _,o� Index 125, Item 178, 180 Tract No: TX-BR-023.202, 023.203 RECORDING REQUESTED BY: KINDER MORGAN Crude and Condensate LLC 500 DALLAS, SUITE 1000 HOUSTON, TEXAS 77002 WHEN RECORDED, PLEASE RETURN TO: Same as above Attention: Rick Sellers AMENDMENT OF PIPELINE EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF BRAZORIA § 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. THIS AMENDMENT OF PIPELINE EASEMENT AGREEMENT is made this day of , 2012 by and between Kinder Morgan Crude and Condensate LLC, whose address is 500 Dallas Street, Houston, TX 77002 (hereinafter referred to "KMCC"), and City of Pearland, whose mailing address is 3519 Liberty Drive, Pearland, TX 77581 (hereinafter referred to as "Grantor"). WITNESSETH WHEREAS, KMCC is current holder and successor in interest to that certain Pipeline Easement Agreement, dated September 1, 1950 and recorded in Volume 274, Page (s) 612 of the Deed Records of Brazoria County, Texas, and attached hereto as Exhibit "A" (hereinafter referred to as the Easement"), and; f . i T . i . . i . . • . . r . t . r i i . t L - I. . { . . . [ - • . • [ i: r r • • r : t - STATE OP TOXAS 1. SS . " • COITNTV, . NOPMBAZORIA .... - • no . ,l',..,' " • . .. .' 11;•ti,R,S'ISVN8,,iR„ Clerk of the County Court-in and for said County,do hereby certify that the ,.• ' I, At foregoing'instrurnent',with the certificate of authentication was duly recorded on the.........._._.... 1 [. • I ,,v, ilay of.Z.".'..., ,.MD_ , at.;'41)o'olock /9 IVI. in Vol. 4z9.,/ on page.— .9e2 .of " I —.....11ecords of said County. ( 1 1 , ,. Wi&&49Nand and seal of office at Angleton, Texas, the day and year last above written. ;#0 I [ • H. B. STEVENS. JR., , Clerk C nty Court azoria C unty, Texas. , 13 . . .. .... .... . . . , . .,..... ...ieeputy. I. [1. . • P l, i: [ [ i . f- r • i. . •_ __ __ _ _ _ . ___ _ ._ . _ _ _ . _ _._ .__________ _ .._ ._ ._ __ _ _ __ _ _. . . - - - • . 9 0 1.1: . //,• 4 .11 Mh g,n Ia4dustuaalioXII..., t I. "' ..4 sy ,, ,,.....,,,,.• t'''''''Clh%:1 '1 i;••-:- f • • •,' *---f- ik • • , — - - t 1> • • ' • SOE11� j ',v`i - • ...3 •t € -�xaab. 4 d �' ,.•, �M`.`a°°" a` m aM ,,,t•tl,"t*mt. :s P"o4 s ii,„.- ;f,—_. -.--« ruge-R�d'---�• o� '.04 W00 .� • ,""-' ':„• ' • • '' TX-FB-023 201 °°'' r, ? " — X=BF2-023,203 . _. ';;- ,. '. ,. '` TX-BR-023.202 •` p i iU 11 a �'�a ' _ TX�BR 2 }'^ TX B ,6 f ` I � �`"' TX-BR-023.2204: r'.� I l 1 c 7 b , P7q Q"? ; * .,. . r a: r--... � e l r ,. :+ d pr ',0 <.p "s 8 }' 'A- .• ' '' t.t..V ' ;,',1.4:1'‘7''Y?''''.:-' 4- ..' 14114 ' .,#). ' ...'.'P. '.1 r.,14. ',K.' •, , ,l i'.. ' 4',yr"".14° C-,' i Al tk..:3, ...‘.r.%-...:::-:.,:::: , in .- . i . . . '":f1( '12AT:f... , ':I-1'...*: -,.II4o• °I vi.lis.°. • > " aDM � '�� • Sho_ ! ,. ' 1 " " '} ` � u ; a Gratwnld3 MM � "trAsi "� ,., ,« w a;tLa n 4•dr, , 'y ....,----,-r•t''' '' •* •‘) • Icsts z. Aarowa �r „ ."S , , „M.>,, e i'"o o 4• ''' " e ''', • s Oc �, ,f g' t ,,.:,,... "'" "`� _•"".✓ s=+n:,e a •trnk * m. p1 ,x G• �"` z "ss 1 �` S,a - ♦' a+, , ,,. ,r4 'j,'p` a*•+,rye'm �.•• jr♦e ;'Any Q,Kt O; .Ri 04 - a gym., ,. , • ,y...� 3 • .rt • »Ba a • a:; ~ ' aw a.-•"1•" 1 b d d +F84,\' .e - 1 vet H O` q ,o, " m,��. °-" iw p,?"'.' .'*. L'a ' °V °�-ys��tt��pp c � • ig2if s Fa 4^. • S ' Qer" / 3.ma _ t� . r 4: a 5 �a'" 1 '; ` x ye,r t `x�. �Ipi r k 0,,°`a— ._ 92yr0 smw o y,1 -*I - • - i ::d t ?re: r �IS,Lt�-,-...r 30tr2curocho nchn..,g91s ,� "' '�. • �$� se �.,{''� • 1(�� p } 1. 5 • Nt4 ono 12,GoagE J s w , • 5 [`5,18a "-7s 1944 ' q,: .293439,92 N 95.245224"iV etovf,6alt ; -*^ - ° • Eye'all 101a,R11 WHEREAS, of the property described in the Easement, Grantor is the present owner of the following described property, which all of or a portion thereof is subject to the Easement (hereinafter referred to as the "Owned Premises"): Those certain tracts known as Park Sites No. 1 & No. 2 out of the S.G. Haynie Survey, Abstract 212, Brazoria County, Texas being more particularly described in that certain Donation Deed from Lawrence D. Canarelli and Heidi E. Canarelli to the City of Pearland, Texas, dated December 16, 2002, recorded December 19, 2002 as Document 2002065583 in the records of Brazoria County, Texas. WHEREAS, pursuant to authority contained in the Easement KMCC currently owns and operates a 24" diameter pipeline which crosses on, over, along, through and across the "Owned Premises" WHEREAS, KMCC and Grantor desire to modify and amend the rights granted to KMCC in the Easement. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, KMCC and Grantor hereby agree to amend and modify the Easement as follows: "The rights granted by the Easement shall be amended to include additional rights which will allow for the transportation of natural gas, oil, crude, gas petroleum products, condensates and distillates including inert gases or natural gas liquids and other hydrocarbon substances which can be transported through a pipeline." Except as provided for above, all other terms and conditions of the Pipeline Easement Agreement remain in full force and effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns IN WITNESS WHEREOF, the parties hereto have executed this Amendment To Pipeline Easement Agreement as of the day and year first above written. OWNERS City of Pearland By: It's: Kinder Morgan Crude and Condensate LLC By: Johnny McGee ITS: Attorney-in-Fact STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2012, by it's WITNESS my hand and seal as such Notary Public on this day of , 2012. My Commission Expires Notary STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2012, by Johnny McGee, Attorney-in-Fact of Kinder Morgan Crude and Condensate LLC, a Delaware limited liability company on behalf of said limited liability company. WITNESS my hand and seal as such Notary Public on this day of , 2012. My Commission Expires Notary KINDER MORGAN CRUDE & CONDENSATE LLC 500 Dallas Street, Suite 1000 HOUSTON, TEXAS 77019 { January 24, 2012 Via Certified Mall, RRR and First Class Mail City of Pearland 2519 Liberty Drive Pearland, TX 77581 • Offer of Compromise Subject to Texas Rule of Evidence 408 and Tendered Without Prejudice • Re: Kinder Morgan Crude and Condensate LLC's offer to acquire an amendment of an existing easement [the "Easement"] involving that certain tract or parcel of (and described as Park Sites No. 1 and 2 out of S G Haynie Survey, Abstract 212, Brazoria County, Texas Tract No. TX-BRry023,202, 23,203 [the "Properly"] To Whom It May Concern: 4 Kinder Morgan Crude & Condensate LLC ("KMCC"), is the successor in interest to Kinder Morgan Texas Pipeline LLC ("KMTP") and the current owner of the Easement for a pipeline already located on the Property. KMCC is a common carrier under the rules and regulations of the Texas Railroad Commission and has determined that there exists a public necessity for the acquisition of rights to also allow the transport of crude and condensate and other related petroleum products across the Easement to facilitate the operation, maintenance and repair of the existing pipeline. In order to serve the public purpose of a common carrier pipeline, KMCC has determined that it must exercise its power of eminent domain to obtain such rights that cannot be acquired through negotiations with landowners. A portion of this existing pipeline runs through the Property, which you either own or have some interest. Representatives of KMCC will be contacting you to discuss the project. KMCC and its representatives propose an amendment to the Easement that would allow the transport of crude, condensate and other related hydrocarbon products within the existing pipeline and within the existing Easement (the "Amendment"). A copy of this original Easement and the Amendment are attached 'for your information. The purpose of this letter is to extend an initial offer of $1000.00 to acquire an amendment to the Easement to provide for the transportation of crude, condensate and related hydrocarbon products through this existing pipeline in compliance with all the applicable laws, rules and • 1 JOU:0020551100007:1571356v 1 • regulations. This offer includes all compensation for the amended easement as well as all damages (if any). If you decide to accept this offer, please contact Amanda Sloan at (352) 552-7141 immediately and we can then arrange for an exchange of the compensation for the executed Amendment. If you are not inclined to accept this offer, please provide KMCC or its representatives with any and all current and existing appraisal reports you have produced or acquired that relate specifically to the Property and have used to determine your opinion of the value of the Property. Please be advised that you have the right to discuss this offer and the Amendment with others, or you may keep this offer and the • Amendment confidential. • • • This offer shall remain open until 5:00 p.m., central prevailing time, February 23, 2012. If KMCC does not receive your acceptance on or before the deadline, this offer will be withdrawn and KMCC may substitute this offer with an offer based upon the valuation of the property interests sought as determined by an independent property appraiser. • Depending on the appraised value, KMCC's substituted offer may be lower than the current offer, After such time, KMCC will pursue any and all of its rights to secure the rights it seeks in, under, over, across, and through the Property as it deems necessary in accordance with applicable law, which may include filing a suit to acquire such by condemnation and by exercise of its rights of eminent domain. KMCC would prefer to reach a mutual and amicable agreement, and would regret having to take legal action. Nevertheless, should it be necessary to pursue such action, you should be aware that under Section 21.047(a) of the Texas Property Code, a court may also tax costs against the landowners if the amount awarded by the commissioners or the court's determination of the damages is less than or equal to the amount offered before the proceedings began. KMCC is also including a copy of the Texas Landowner's Bill of Rights Statement and refers you to that document, which may have some information about the process. Thank you for your attention to this matter. Sincerely, Kinder Morgan Crude& Condensate LLC � 1 By: Johnny McGee Its: Attorney and Agent in Fact. cc: Randall M. Pais, Esq. Kenneth E. McKay, Locke Lord LLP 1. HOU:002055 I/00007:1571356v I i • • • ,•1�,-,dam `, I , KO • ` '7 . • THiS'ST Texas 7 00UNIT OB BRAZORIA , now Lamas Br mris Tip For and in, consideration or row • • ltandrea VIttYdario 7k)llatr6 and on Oostts (0453.10) to tie undersigned (heroin • • styled Grantor) 'Veld, the 'scout of leach is hereby aekuoselodged, the acid Grantor dons hereby GMT and O037Nr unto UNITED GAS LIES MAW I" therein , . , styled ttramtoe), its soon/pore/ and aosigno,,a righ.0 of and.easement-to • conetruot, reintain, oponate,i:.repair, regalia', change the Ciro of and remove a pipe lino (with its ¢eppturterzancee) in connection therewith, to be used for • • the transportation of gas•over and through the following described lends in • Fort Bend and Brazaria Oountiae., State of Texas, to6U.itt ' , Vixs't Al ht af''•Way*A -A'strip of land thirty (30) • Virrinvoidinacribed as follows; • Beginning at a point 4811; more or loon, South or the �. No2stheest oo�rner 0 tot 4, 81oc 1.0, AIlisonaiohc' • • (fit Coast Norge OanpauyQ.s Subdivision; Seotion 4, T.0,8,R, Company Servo:, Abstract 675, Brcxorie Countyy,4Doxas; thenbe'South'85° 46' Woot Sax a dip- . Canoe of 500', more of lees, to a point on Oa West • property :lino of odd lot 4.,.paid point being•501', • pore or less, South of the Northwest oornnr; nce . south (Magnetic) along the West property line a die- . tahoe of 30' to a point; thence North 85' 09 Best a distahoc of•500v, more Or less, ton point on the last property line of said lot 4; thence North (lpgaotia) along the.lpeot property line of,said let 4, a distance . of 30' to the place of beginning.. •• ' is • • Second Rigiii'ai Woy Area - A strips or land thirty (30) feet in•' i4t)i donated.as tollowst ' t beginning at a point 323.7i, more or loss; North of't e Sonthoaet ooriez of the West 1/2 of tot l., Block 2.0,' , •• Allieon-R4obey Gulf Ooast.Noamo Company's Subdivision, is section 4, `i'o-C.l3olt• Ognpanp Snirvey, Abstract 675, 8razoria Oounty,'Tcxaa; thenoe'Eiouth 87° 55' West for a distance of 2.42', more or Loss, to tepoisnt in the Rest property line, eat& point boiYg 323', more or Less • North of the Southwest (*row; thence North, (Magnetic) along.the Woes:.pmerty 54ne a dl,ste eo of 30A to a' • • point; thence North 87° 55, %apt a distance`o'f 2421, • ' • • dare or loss, to a point la the Bast property line; therooe : YttT•h'(Magnetie) along the East property Line • . . . 30' to the place.of beginning. . . • • •, • . • .Tlyird: 't"ef Vitt' ra K etrirof land thirty t30) . MI w tragberibed as follewsa . ' Beginning et a point 132','more or lees, South of'tho' .• ce Northeast fen corner of 9^3 acres or Lot 2, Block 8,: • T.0.tt�2, Ow any survey, Abatraot 678, Brazorla Oourity,' .• Taxae; thence South 87° 55+ Most'for a distance of'853.', . more or lees, to a point in the Woat properrty lino • said point being 1301, more or loss, booth at the North- , west corner an fenced; thence South,()dagnetie) along the • Fest prc3 ~ty line a distance of 34e tea point; t one; , y 3�r . i • F ' • • Worth 87 55► Zest a distance 851', ;tore or less, to a Point in tbe• `ast property 31n,3; thence Forth (Magnetic) along the knot X operty line 30' to the dace or beginni1'o�tct ngs �`°o¢'� Ai+6a' A atx�p of rand bhAxty t O) foe oroaa "aCOcou, boil alb. of•the s n, Haynie Survey,�A�betraot ice, Braao,Xa Couatr,'Texas, and Abstract 620, Port bend Cottity, lbitas* end 42,99 Berea of the H. levering Survey, dtbstreet 279,'Poxrt Bond (lottery, Texas, described as folloa+st• • Beginningab & Sow 93', tore or Iasi, South of the Northeaet oornex of"64i:aore:tract;-thence:South Or 55'• • West tor a dSstenoe Of 3391 , tome arless•, toasangle• point; thence North 66° 07►•went for a di•etattce of • W347.2', more.or Leas,.to a point in the Nest laoinrty line•of 42.99 acre bract, said point being 633', more or ' • Una. Southwest or the N•orthwei t corner,• thenoa sowtly4, went ell the west r 9, more or avow, to a point; thence.Southe666 O't'fEast a diatenoe of 2551e39, more or loss, to au arogle point; thence Norbh•b7° 55j' zaat for a diateneo of 3397,5', ' more or.lese, o a point iat the Nast property line•of , 640 bare tract; th.enoe North 11Gognetic) along,the East Ilrelerty IinA Sot to the lilacs of beginning& During the period of COYIetiNtotion of the pipe Iiae Etta for the pur• • Node of auoh construction, Grantee may go upon% use and. occupy en additional area text 40) foot in.width npisn each aids of the right of way area above described, making each right of way am a total eri.dtb. ae fifty (50) feet for the axerpose' Of Initial ebestruction; irbyidea, howeverr; that Grantee is granted Rho right of ingress to and egress Mu the above desoribed right of wry over sedating roads on the presently owned premises of cantor adjacent • • to said right of way; •or any Future loads or streets 'that Ley be donatruoted • oaa said preallocks. The Grantee a reee that it will ropair qx cacao to be re- Paired any bridges, roadie or dtreote that may be damaged due to Graiteoie • operatioate on or over any euoh bridges, roads nxr atreets, or pear Grantor for • • any snob damage, TO Hlt'oa Ala) To'lora) unto Grantee, its mace'more and assigns, ea Long as tha'rigttte and-eaei gGttd hardn grantoa, or any of them, Alan be • ussodd by or.use tl to, Grantee for the puxmoaea herein granted, for the pox.i• poses of constructing, inapeetia• ,�repaining, maintaining and mplmcing the property of Grantee herein desoribed,•old the rsuwoal,'of parse at will, in itho).o • or in jparto The said Grantor is to fully use and enjoy the said proraiaee, oreept for the purposes heroin granted to the said Orontes end provided the said • Gratttoxr shall not construct'nor unit to be constructed 2� duty house, atruotuaeog • • 4-9 / • i • . a n a d•'O,.,' t. la. • fl '+ , 'or obstructions on or over, or t)m:t a�tli.inteiri'et .,, te.ioith the maintenance or operation of the pipe line constructed:hiaroundor;andrwil3, not change the' gads over shah pipo line. Grantee hte'� b �� • �-y aLii'eo4 bnry all pipe to u • of aail su8tioieut depth so ae not to interR4i) with lathed ivet°iou "'and to 7, level the backTill so that there will be no low i1e.00s or •high plaoee ao • said right of way area that will interfere with the drai.na gs! 01' the Undo of which such eight of way'area is a part, and to pay any damageu Which row arise to grasing'oxopo or fences tram the construction, maintenance eud opera? ' tioo of said gip° 34ne9 said damegog,•if 44t sautuala.y wood upon; to be es. • I. oertainod by'three disinterested pereone, ono thereof to be-appointed bythe said Grantor, errs by the amid Grantee, and the third by the twa so appointed as eroresaid, end the written award of nuoh three''peraone shall be final end . ' oonolnniva. , ' Grantor does hereby covenant that the traot 0P•land above referred • to i$ neither used nor claimed as part_of his homestead, xt in hereby understood that seour this the party ' 9xsg grant in bee half of goatee ie without authority to make any covenant or egrament not . herein expresset TIMMS the exgaut2oa goof an thin the ; day* oP zc2 ; ^4?'4.. • 4 A. D., 1950. . A, •• 'SeYiw • CoDi3'C1C 8F iIJ1RRT£{ u ��. r •^_ "" "" . v ,._. , --. - ----------- —DEPW);404y the undersigned-aathoxtty,•-on this,..dmv„ sernonall;y..appeared._.._.,_- ..I . ••':",�3':. MIDAS, known to no to be the person whoaa tame is.subnoribed to the v f;,.,:Pd egn .ng in/Ailment, and mace /lode ed to me that ho executed the some for the e Arati§ses end cotieianration thereto expressed. m'n ;.- - :r, y• ,GI T under my'hand end rase of office thin the ,�.d. `tir'•'day of .,c , _ J A. D., 1954e •A J c•f"n. u '• tis County, T?ezas • { tis � . Ii . r f t • I r k l ' V , I P.• Ff• ...---.-•' .i I ' . .• ' kir '\,, -4..„, :4:t?-...: • t h ,n. {i y . J. •I w �. i .t. , •• . .., , • ' {• „M1a •.-M. I\ . . .d••:TJt r S\in .•Tt....✓\ r • • • .••r-,.. _ t . TITG STATE OF TEXAS • • COUNTY OF FOItT BEND . • 1— E &1Ta M;ceek7Couny f}lerk in•and^far•said^Gountyt as hereby-certify that the foredoln •instritmant,frith its Co. tii'icato of Authentication,was filed for record In my,effiw tl{s - tiny of if. i A. D. I9a :ot• .. _--- o'olock1.14., and duly recorded the day of__a4`C �a"� v A. D. 11.ir.:pot 'P.L if o'clocl tf•, in the Deed Records of said County,in Vol- On Pager`- i.! • j tj'I'I`NEAS my hond,fnd"the seal of the on County Court of said Gnty,at office In Richmond, `oxos,the day and ycnr last ahovci¢•ritten, h;S ,,r , • i' ,f• DY—• ' ' y44. rioDu41• Fort end County, Texnyounty Court. I. Ci vtrl1v ,I :,•..,.,,,.„...-..., �.. .•b u _ till f .•'1 ` ( ,t• •h +��iyz,v.• 1 • • • • Cf5 a . ,� w�) h� _ :Clll► 1 Tt . (''kt '` tea'. • #. . 1e ,,•,• ^. . t,^•:.`fit ••;;a`{ av,-,•t,.,..,} -z `.. (, cf{c �,yi+�+``R..s ,I•• y. . , `i ,••Iv.....,:: ..�. {`' .0::. S'.I't^ f•.. .;`:' :' ., :!•."Ap I,,.. ,,:t- , , iJ i, rce ..,. i p � ts1 • • Exhibit "A" Resolution No. R2012-23 PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR-157 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive,Pearland, Texas 77581-5416(hereinafter referred to as "Grantor",whether one or more), and ETC NGL Transport,LLC.,whose mailing address is 711 Louisiana, Suite 900,Houston,Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30')wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ("the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches(20")in nominal diameter and any appurtenant facilities in,over,through,across,under,and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspe?ting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below-ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property(and the Temporary Construction Easement Property while in effect)to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18)months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing,then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over,under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements,both permanent and temporary,conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable,restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set-back, density, street,roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets,roadways, utilities,drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor,including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except.Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance,repair or removal of the pipeline by Grantee and such persons acting on its behalf,excepting,however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives,successors,assigns,agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County,Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs,representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of ,2012. GRANTOR: City of Pearland •4I By: /4 ft Printed N eo-k) Mcmae Title U 101715.1 GRANTEE: ETC NGLei B : rinted Na : Robert Rose Title• ice-President-Land and Right of Way ACKNOWLEDGMENTS State of Texas ) )ss County of BrCa e\(X. ) The foregoing instrument was acknowledged before me this 1 '41r1 day of febf(lark/ ,2012, by ‘\‘. 1 SP.tr'1 ,as C..1 4 j oLn&Be ,of the City of Pearland,on behalf of the City of Pearland. k4 ark e tiltrit.. �6C1.9"14 KATHERINE E.BITTICK Notary Public Notary Public STATE OF TEXAS V ei►ne_ r % ,dP My Comm.Exp.01/0212016 (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) The foregoing instrument was acknowledged before me this /10 da / 2012, by Robert Rose,Vice-President-Land and Right of Way of ETC NGL Transport LLC. :gY?ym ,, DONNA WALTERS AOrh-A\A---/ki Notary Public,State of Texas N tart'Public e My Commission Expires .. •.0 c Mdt0h 04, 2012 nniAAA1460,7-16/6 (Print Name of Notary Public Here) Please Return To: 101715.1 • August 8, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX-BR-157 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT-OF-WAY & EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right-of-way & easement, extending over, through, along and across a called 1.680 acre tract being Reserve "E" of the Partial Replat of Oakbrook Estates, Section 6, a plat of which is recorded in Plat Document Number 2007004022, Brazoria County Plat Records, said 1.680 Reserve "E" tract of land being recorded in Document No. 2009024565, Official Public Records of Brazoria County, Texas, said 1.680 acre tract being situated in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and coordinates are based on the Texas Coordinate System, South Central Zone, NAD 83 (in feet). BEGINNING at a point in a West property line of said 1.680 acre tract, said West line being the Easterly right-of-way line of Grandoak Drive, said "POINT OF BEGINNING" being South 38°06'45" East, a distance of 76.03 feet from the calculated most Westerly Northwest corner of said 1.680 acre tract of land, said "POINT OF BEGINNING" having coordinates N=13,760,681.73, E=3,159,659.82; THENCE, North 70°42'58" East, a distance of 59.73 feet to a point; THENCE, along a line 13 feet Northwesterly of and parallel to an existing ExxonMobil 8" pipeline, North 70°06'42" East, a distance of 388.98 feet to the POINT OF EXIT in the Northeasterly property line of said 1.680 acre tract of land, said "POINT OF EXIT" being South 48°23'09" East, a distance of 54.24 feet from the calculated most Northerly corner of said 1.680 acre tract, said "POINT OF EXIT" having coordinates N=13,760,833.78, E=3,160,081.98. Total Feet: 448.71' Total Rods: 27.19 Plat attached. p �tg e4 , 4, Ri is n aII j ®iq� Lucien C. Schaffer, Jr., r/, .S. No.. 4803 � o�. l Energy Transfer\3737\37372176_ • BRAZORIA COUNTY, TEXAS W.D.C. HALL LEAGUE, A-70 s h• S4��: I oifipli, •2A�9'+ iiw\ F POINT OF EXIT I 0111 N=13,760,833.78 ( 7X-BR-156 11 � E=3,160,081.98 (3) Exist. Conoco Phillips I I I Oakbrook Estates, Ltd Wood Fence Pipelines Fnd. Fnd. 11 I , 100 . „y8 ,00 le i ,., Iron Rod ( ( ; Iron Rod I , I •ir►'d� 6 h� E � tgi.„, Ditch 11 \ 1 1I l I i, ' 1 • i I I 00 M,®u -' N,� � �d I I l l l i l i i f -a \ I ' I II I ) ' • c. (2) Exist. ExxonMobil I ' U� I 18"I Pi eline 4 I I T'mporury,I I I q. Proposed 30' Wide III P I • H Work Space 1 a,�'' 15, 11 I I I I I!Permanent R/W d% t I I! MOP trig Temporary 1•I &I E I'errent , . �a { Illik ;'1 Work Space n Pnd, I I 1, Lucien C. Schaffer, Jr., Do Hereby Certify Thot �6 S• `` ��r,II I I I III 4 I 1 I I H Ir°n IRI i I(�TX-8R-157 , 1 I this Plat Reflects a Survey Made On the Ground >T 1 Under my Supervision During May, 2011. F 1 I Fnd. CITY OF PEARLAND I I �1Q g i I 13'I •I Iron Rod I I I 'L680'Acre) 11 P.O.B. 9 1 1 I I, I IReserye E" Ili s F T : 11 ° N=13,760,681.73 I 11 i I i Fnd. IDocumenf No; 2000245 5i,' ��'®tm \ I I Iron Rod Official Public Records ut Brazoria County, Texas Q•� c E=3,159,659.82 ` I I i HMI I I 1 ,„ ,„. a I Fnd P I Ll -�sGSC:: Jr1:rr• Iron Rod . ~-k CenterPoint Energy I °Qee�ta'l y 4' Pipeline 1 dwa . MH•\ Partial Rep/at Fnd. 6 Pi .� Oakbrook Estates, Section 6 ELP14 Iron Rod - OTX-BR-157.001 131 Plat Doc. No. 2007004022 -Fl-t e \ Brazoric County Plot Records ,� Grandook Drive Lucien C. Sch e Jr. \ Registered Professional L d Surveyor No. 4803 Total Feet: 448.71' n Total Rods:•27.19 N. Notes: ,, Permanent Easement 0 a 1) All Bearings And Coordinates Are Based On The 'Texas Coordinate EXHIBIT B 13,477 Sq. Ft. = 0.3094 Acre E GULLETT & ASSOCIATES, INC. System'', South Central Zone, NAD 83 (US Feet). Temporary Work Space 0 7705 9. LOOP E. HOUSTON,TEXAS 77012 q (713) 841-3219 2) Description Attached. 59,717 Sq. Ft. = 1.3709 Acre _ y-°rATUS �.HEMEpDq �, aR�PROBVyE - -- PROPOSED 30' WIDE M= •^ la ppay R vac ` PERMANENT R/W & EASEMENT MAWS Na v eBIDN ARC 07/11 � ACROSS ERG;TRANSFER OUT n o CONSTR. AM= CITY OF PEARLAND OM,n ^ PLOT M1e "d /— ETC NGL lONSAORr,Ur BRAZORIA COUNTY, TEXAS CA-3737-2176 \ Na REVREVISION, -OBORPTON 9r MCI On ARCM GODS RIZ WO 37372178_ m F.1' 60. Wolk.,Axon sea 1 or 1 PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR-157.1 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive,Pearland,Texas 77581-5416(hereinafter referred to as "Grantor",whether one or more), and ETC NGL Transport,LLC.,whose mailing address is 711 Louisiana, Suite 900,Houston,Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30')wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over,through, across,under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ("the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches(20")in nominal diameter and any appurtenant facilities in,over,through,across,under,and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below-ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property(and the Temporary Construction Easement Property while in effect)to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18)months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing,then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over,under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements,both permanent and temporary,conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable,restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set-back, density, street,roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances,regulations,resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets,roadways, utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor,including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except.Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance,repair or removal of the pipeline by Grantee and such persons acting on its behalf,excepting,however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives,successors,assigns,agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County,Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs,representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of ,2012. GRANTOR: City of Pearland r By: " ' >\\ �,iaE'Y� Printed liaRe LQca ( Title U 101715.1 GRANTEE: ETC NG t LLC Printed e: Robert Rose Vice-President-Land and Right of Way ACKNOWLEDGMENTS State of Texas ) )ss County of fea-D6 Ll. ) The foregoing instrument was acknowledged before me this \i--\- day of Pe_bYlat a`\,2012, by 161`k I `JP.r ,as C1A'I an ot..0P..r. ,of the City of Pearland,on behalf of the City of Pearland. ;J VaitAjA)1;11—t—E. eti-- 12.- 00'1'04. KATHERINE E.BITTICK Notary Public Notary Public STATE OF TEXAS Y64krve_ine_ -. g r'k N,ec,c_ie My Comm.Exp.01/02/2016 (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) The foregoing instrument was acknowledged before me this— day 012, by Robert Rose,Vice-President-Land and Right of Way of ETC NGL Transport LLC. V.—,ss AY Pryrr - DONNA WATERS 1' •e" . Notary Public,State of Texas 0 Public _ My Commission Expires .,.'�f + match 04r 2012 r,, /� �, /C�� arE'cfi•; .r i JI 1. v (Print Name of Notary Public Here) Please Return To: 101715.1 •_ A August 10, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX-BR-157.1 METES & BOUNDS DESCRIPTION FOR A PROPOSED PERMANENT RIGHT-OF-WAY& EASEMENT ACROSS CITY OF PEARLAND Metes & bounds description for a proposed permanent right-of-way & easement, extending over, through, along and across a called 0.262 acre tract being Reserve "A" of the Partial Replat of Oakbrook Estates, Section 6, a plat of which is recorded in Plat Document Number 2007004022, Brazoria County Plat Records, Brazoria County, Texas, said 0.262 acre tract being recorded in Document No. 2009024565, Official Public Records of Brazoria County, Texas, said 0.262 acre tract being situated in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said metes & bounds being more fully described as follows: Bearings and coordinates are based on the Texas Coordinate System, South Central Zone (NAD 83 in feet). BEGINNING at the calculated Northeast corner of said 0.262 acre tract, said corner being in the Westerly right-of-way line of Grandoak Drive, said "POINT OF BEGINNING" having coordinates N=13,760,657.83, E=3,159,615.82; THENCE, 7.13 feet along said Westerly right-of-way line and a curve to the right having a radius of 269.77 feet, a delta of 01°30'50" and a chord bearing of South 31°16'32" East, a distance of 7.13 feet to a point; THENCE, South 70°42'58" West, a distance of 18.29 feet to a point on the Northwest property line of said 0.262 acre tract; THENCE, along said Northwest property line, North 48°11'32" East, a distance of 18.20 feet to the POINT OF BEGINNING and containing 0.0015 acres of land. Total Square Feet: 64 Total Acreage: 0.0015 • Plat attached. Ise FA4P LUCIEN C.�.s ucien C. Schaffer, Jr., .P.L.S. No. 4803 . 1o'� Energy Transfer\3737\37372177A BRAZORIA COUNTY, TEXAS I W.D.C. HALL LEAGUES A-70 U/G Cable \ P.O.B. 'p N=13,760,657.83 E=3,159.615.82 f c. (3) Exist. Conoco Phillips Pipelines Proposed 30' Wide li Permanent R/W ; ; �:90► R=269.77' & Easement � ti� 1 i L=7.13' D� �- 4 n=o1'30'50" 15�' /�1'��.-� CB=S 31'16'32" E Y / N r/ W 7.13' �� 93 %i ;�I r 10�22' "� - Exist. Kinder Morgan ' i�� i Pipeline q (2) Exist. ExxonMobill - I /r`� B" Pipelines Tem ore -- " r O Work Spacet MHo Exist. ExxonMobil Fnd. Iron Roder- '•IIII 1 14 Pipelines V -' i (TX-BR-157.001) Grondoak Drive lo 7X-BR-158 ) Oakbrook Estates, Ltd. (TX-BR-157.1) CITY OF PEARLAND \ 0.262 Acre Reserve A` Document No. 2009024565 Official Public Records Of Brazoria County, Te as 0 0 RW I, Lucien C. Schaffer, Jr., Do Hereby Certify That This Plat Reflects a Survey Made On the Ground Partial Replat Under my Supervision During May, 2011. Fnd. Oakbrook Estates, Section 6 Iron Rod Plat Doc. No. 2007004022 g{ OFr . Brazoria County Plat Records Ia- C d 4. t LUCIENC.Sp ..z FQ 10+ Lucien C. Sc ' fe, Jr. Exhibit 'B' Registered Professional and Surveyor No. 4803 Notes: Permanent Easement i1) All Bearings And Coordinates Are Based On The "Texas Coordinate Total Sq. Ft.: 64 System", South Central Zone, NAD 83 (US Feet). Total Acreage: 0.0015 2) Descrir. ption Attached. Temporary Work Space n Total Sq. Ft.: 3,202 N GULLETT & ASSOCIATES. INC. r. 7705 9. LOOP E. HOUSTON,TEXAS 77012 Total Acreage: 0.0735 r.h (713)61.1-3210 PIPELINE,STATION.OR ACCOUNT NUMBER SCALE CONST.YR. PROJECT NO. 1..30' ETC NGL TRANSPORT, LLC E RENUMBER CADD FILENAME DRAWN DATE 0 37372177A ARC 07/25/11 Houston, Texas REV. NO. — DESCRIPTION BY DATE APP. PROPOSED PREVIOUS DWG. NO. 1 Changed Tract Number GSA B/10/11 PERMANENT R/W & EASEMENT ACROSS sHr. OF C ENERGY TRANSFER CITY OF PEARLAND DWG. NO. o CA-3737-2177A .52 BRAZORIA COUNTY, TEXAS SHT. 1 OF 1 - - a PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR-167 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive,Pearland, Texas 77581-5416(hereinafter referred to as "Grantor",whether one or more), and ETC NGL Transport,LLC.,whose mailing address is 711 Louisiana, Suite 900,Houston,Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30')wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over,through, across,under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ("the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches(20")in nominal diameter and any appurtenant facilities in,over,through,across,under,and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below-ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property(and the Temporary Construction Easement Property while in effect)to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen(18)months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing,then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through,on, over,under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements,both permanent and temporary,conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will,insofar as practicable,restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set-back, density, street,roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances,regulations,resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets,roadways,utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 z permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor,including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except.Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance,repair or removal of the pipeline by Grantee and such persons acting on its behalf,excepting,however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives,successors,assigns,agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part,to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County,Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County,Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs,representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of ,2012. GRANTOR: City of Pearland r 3 By: _ r t:•sa:41\ Printed Num XcNiv.ty{- Title 101715.1 BRAZORIA COUNTY, TEXAS H. T. & B. R.R. COMPANY SURVEY SECTION 27, A-308 20' 7, 15' Qt• Ill 0\ „J (TX—BR-167 ) .p\ POINT OF EXIT Iri yl `('d City of Pearland \ E=3 155,874.233 5 I I �� 1,0355 Acre Tract YY Document No, 2006047180 20' D�AIL N 685 6,0� E o Proposed 30'. Wide g Official Records of Brazorla County, Texas o� y Permanent R/W Temporary Work Space & /i 9 & Easement Permanent Easement Configuration i ooIdy Scale: 1"=100' `off �a a il to�,m —y 1, S. W. Freudensprung, Do Hereby Certify That (05 6d /t) 1' V C- This Plat Reflects a Surve Made On the Ground \t` �� tx�c5'S s'� Under my Supervision During May, 2011, Proposed 30' Wide Permanent ® 11.51' \ Fnd. :�' ..:�., cl ,• R/W & Easement �;� Fnd. Iron Rod Iron Rod "i %,; ,`t bik , e * i S 44 I .•;il(`Iq�Jry` cs +.•, a145r P.O.B.7586 S 86'36'50" W-308.25' u'� c t;; t� °. �%+ =13 758 890.41 sio>� e,j"4?),.ti-,. \(�;zUg ri E=3,155,668.27 SEE DETAIL ... a t'so•., °'`'. al q Exist. ExxonMobil 14" Pipeline ax'i9' `: Stir:ryr%? (TX-BR-16t7 .p *- Fnd. / \ t.... oo q Exist. ExxonMobil 8" Pipelinep �y Iron Rod ,(/ 21 �. 7 /¢/I/ Jud's Food Stores, Inc. Exist. ExxonMobil S" Pipeline ✓V t.� „ / :I Tract 4 Volume 983, Poe •223 Exist. Kinder Mor an Pi eline " 9 9 p Registered Professional Land Surveyor No. 5260 ^ Clerk's File No. 1994004499 y 0 ' Official Records of Brozoria County, Texas Total Feet: 277.12' Notes: Total Rods: 16.80 GUI,LETT & ASSOCIATES, INC. 1) All Bearings And Coordinates Are Based On The "Texas Coordinaten u Permanent Easement e) Toe a wars uousrox,pus rroiz System", South Central Zone, NAD 83 (US Feet. EXHIBIT 8,314 Sq. Ft. m 0.1909 Acres 0 (7 -DM-ffi 2) Description Attached 1D ) Temporary Work Space. 19,187 Sq. Ft. =0.4405 Acres I slaDy�D.S CHECKED APPROVED PLX1'M. „� t W MM D DAIS n Ma mmigmuwwm PROPOSED 30' WIDE c LC oT/la/I t _ PRELY t" ouc i PERMANENT R/W& EASEMENT 'e a ou M. BID Maw' `� ACROSS $ CONSTR. �M, t o ac r TRANSFER n,i s r•e 2 CITY'OF PEARLAND wa'w OF t` No. ■[VSAN-°�" " Dr MIS etao wwo CARDS P10T ute w Etc Na.imam Us BRAZORIA COUNTY, TEXAS CA-3737-2107 /o\ K1 me tarts 373721O7 avn 1' Ipp' Houston.Tao, - DWI 1 ar 1 ` 6. • PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR-187 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive,Pearland,Texas 77581-5416(hereinafter referred to as "Grantor",whether one or more), and ETC NGL Transport,LLC.,whose mailing address is 711 Louisiana, Suite 900,Houston,Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30')wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over,through, across,under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ("the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches(20")in nominal diameter and any appurtenant facilities in,over,through,across,under,and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below-ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property(and the Temporary Construction Easement Property while in effect)to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen(18)months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing,then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through,on,over,under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements,both permanent and temporary,conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will,insofar as practicable,restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set-back, density, street,roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances,regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets,roadways,utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor,including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except.Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance,repair or removal of the pipeline by Grantee and such persons acting on its behalf,excepting,however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives,successors,assigns,agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County,Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs,representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of ,2012. GRANTOR: City of Pearland By: Printed Nove .LG QIS Title • 101715.1 • GRANTEE: ETC NGL Trans By: ted Name: Ro rt R se Title: Vice-Pr ident-Land an Right of Way ACKNOWLEDGMENTS State of Texas ) )ss County of SCQzOn 0% ) The foregoing instrument was acknowledged before me this r\ r t^ day of � aI" ,2012, by l �tr, ,as (i j-el/' ,of the City of Pearland,on behalf of the City of Pearland. �J 4,osarPue,0 KATHERINE E.BITTICK Not<:1fr1 Public Notary Public STATE OF TEXAS .n �* cf My Comm.Exp.01/02/2016 e &o 12)1 `1g 1C. ., (Print Name of Notary Public Here) • State of Texas ) )ss County of Harris ) L The foregoing instrument was acknowledged before me this /fjh/ da ,2012, by Robert Rose,Vice-President-Land and Right of Way of ETC NGL Transport LLC. �.�PPvroa;,, DONNA 1`i'fILTERS 0 ti'** Notary Public,State of` ' l 1-reels My EE !LJ Notary Public .}Pe} (Print Name of Notary Public Here) Please Return To: 101715.1 July 11, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT "A" TRACT NO. TX-BR-187 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT-OF-WAY& EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right-of-way & easement, extending over, through, along and across a 80.0001 acre tract of land, as recorded in Document No. 2006042502, Official Records of Brazoria County, Texas, said tract being situated in the H.T. & B. R.R. Company Survey, Abstract 293, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone, NAD 83 (in feet). BEGINNING at a point in the West property line of said 80.0001 acre tract, said "POINT OF BEGINNING" being South 02°41'30" East, a distance of 1,367.79 feet from a iron rod found at the Northwest corner of said 80.0001 acre tract of land, said "POINT OF BEGINNING" having coordinates N=13,752,685.77, E=3,149,947.51. THENCE, parallel with and 10 feet Northwesterly of an existing Kinder Morgan pipeline, and parallel with and 10 feet Southeasterly of an existing ExxonMobil 8" pipeline, North 43°40'59" East, a distance of 1,043.62 feet to a point. THENCE, parallel with and 10 feet Northwesterly of an existing Kinder Morgan pipeline, and parallel with and 10 feet Southeasterly of an existing ExxonMobil 8" pipeline, North 43°23'26" East, a distance of 783.74 feet to the POINT OF EXIT in the East property line of said 80.0001 acre tract of land, same being the West right-of-way line of County Road 115, said "POINT OF EXIT" being South 02°41'30" East, a distance of 102.23 feet from an iron rod found for the Northeast corner of said 80.0001 acre tract, said "POINT OF EXIT' having coordinates of N=13,754,009.59, E=3,151,206.31. Total Feet: 1,827.36' Total Rods: 110.75 = �' Plat attached. ttl 7/1//ti S.W. Freudensprung I4.P.L.S. No. 5260 Energy Transfer13737137372013_ BRAZORIA COUNTY, TEXAS • H.T. & B. RR. CO. SURVEY, A-293 (7X—BR-186.001) Wells Drive, R/W Fnd. (County Road 115) Iron Rod Fnd. q County Road 115 Iron Ro\ S 02'41'18" E -411RI 103.33' ; POINT OF EXIT SEE DETAIL 3 4, ��` N=13.754 009.84 '1 E=3,151,206.54 4 Fnd n a5 u. Rod r, + A /11 5. jj I I . co rt. IJ � 50' / ?� w Barbed Wire 1 Ire / 5 Fence e' , V/ // / 15' `` fil SEE DETAIL 1 o h9�L 42' 19i�/ / N orb 18.6' / n I35I /y0 P.O.B. c. Proposed 30' e' ' / I•1 Wide Permanent / R/W & Easement Proposed 30' Wide Permanent 47.2' P.O.B.52.6 , R/W & Easement N=13.752.685.77 DETAIL 2 E=3,149,947.51 p Temporary Work Space & Permanent Easement Configuration SEE DETAIL 2 Scale: 1"=100' (TX—BR-187 ) POINT OF City of Peor!and EXIT 80.0001 Acre Tract 78 2• Document No. 2006042502 / Official Records of Brazoria County, Texas / Esg TX-BR-188 50' / /j Irene C. Adame ! / a5'�I / / 1 1Fnd. 1/ 111 g°\—35' Iron Rodd.\ Iron Rod / / 1 I I / 's q Proposed 30' Wide la Permanent R/W a 20' & Easement 0 DETAIL 3 I, S W. Freudensprung, Do Hereby Certify That Temporary Work Space & This Plat Reflects a Survey Made On the Ground Permanent Easement Configuration Under my Super*ioq`inng May, 2011. Scale: 1"=100' is q Exist. ExxonMobil 8" Pipeline ., 10' l 10' • ! q Exisj. ExxonMobil :;0< / 14 Pipeline ' Exist. Kinder Morgan t tl''�" Pipeline o `Vrj� N . Proposed 30' Wide DETAIL 1 /� �itll.0 7//�/�� Permanent R/W Scale: 1"=60' �U & Easement S. W. Freuden prung S Registered Professional Land Surveyor No. 5260 "B" Total Feet: 1,827.70' EXHIBIT B Total Rods: 110.77 Notes: Permanent Easement 1) All Bearings And Coordinates Are Based On The "Texas Coordinate 54,831 Sq. Ft. = 1.2587 Acres ^n System", South Central Zone derived from GPS, NAD 83 (US Feet). Temporary Work Space n 2) Description Attached. 125,222 Sq. Ft. = 2.8747 Acres 13 g ACCT. NPsrO. PROPOSED 30' WIDE �- WORK NO. PERMANENT R/W & EASEMENT ENERGY TRANS F ER c. REV. BY DATE GULLET & ACROSS ETC NGL TRANSPORT,LLC o ASSOCIATES, INC. CITY OF PEARLAND 0 7705 SOUTH LOOP EAST BRAZORIA COUNTY, TEXAS RR HOUSTON. TEXAS 77012 O. . (713) 644-3219 DRAWN DATE SPAT F APPR. BY CONST.YR. DRAWDS ND. MBS 6/11 1"=400' CA-3737-2013 PROJECT: BRAZOS TO MONT BELVIEU 20" TRACT NUMBER: BR-194 COUNTY: BRAZORIA PERMANENT EASEMENT AGREEMENT This Agreement, dated , 2012, is between City of Pearland whose mailing address is 3519 Liberty Drive,Pearland,Texas 77581-5416(hereinafter referred to as "Grantor",whether one or more), and ETC NGL Transport,LLC.,whose mailing address is 711 Louisiana, Suite 900,Houston,Texas 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30')wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over,through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ("the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches(20")in nominal diameter and any appurtenant facilities in,over,through,across,under,and along lands as shown in the attached Exhibit A. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below-ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Prior to exercising its rights hereunder, Grantee shall first obtain any required construction permits from Grantee. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property(and the Temporary Construction Easement Property while in effect)to survey, conduct reasonable and necessary construction activities within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen(18)months from the date of construction commencement; which shall be deemed to commence upon March 15, 2012. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing,then the Temporary Construction Easement shall immediately terminate. 2. Further, to the extent Grantee does not damage, destroy, harm or interfere with Grantor's structures or facilities located within the Permanent Easement Property, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to enter and shall have access in, to, through, on, over,under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement. 3. The consideration paid by Grantee in this agreement includes the market value of the easements,both permanent and temporary,conveyed by Grantor and any and all damages to the Grantor's remaining property. 4. Grantee will, insofar as practicable,restore the ground disturbed by the Grantee's use of the Permanent Easement Property to its original condition and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the condition of the Permanent Easement Property surface as nearly as reasonably practicable as it was prior to the construction of the pipeline and will promptly restore the property of Grantor and all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set-back, density,street,roadway and drainage purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances,regulations,resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets,roadways,utilities, drainage or other encroachments are installed. 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the 101715.1 permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets, roads and drainage facilities; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that interferes with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. 7. Grantee agrees to, at its sole expense, adjust the elevation of the pipeline if necessary to facilitate any improvement by Grantor,including without limitation widening or expansion of Grantor's facilities." 8. Grantee has the right to trim or cut down or eliminate trees or shrubbery located within the Permanent Easement Property to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures or other obstructions on the Permanent Easement Property which may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 9. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. 10. Upon completion of the project construction, permanent fencing destroyed, damaged or disturbed by project construction activities shall be promptly installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees shall keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced remainder property. 11. 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, insofar as practicable, to the condition in which it was in prior to the use of this Easement except. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practicable to its condition immediately preceding Grantee's use of this Temporary Construction Easement. 12. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any claim, lawsuit, liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, employees, representatives, successors, assigns, agents or invitees, and the installation, use, maintenance,repair or removal of the pipeline by Grantee and such persons acting on its behalf,excepting,however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, employees, representatives,successors,assigns,agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. 14. This easement shall be interpreted in accordance with the laws of Texas and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County,Texas only. 15. This Permanent Easement Agreement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs,representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 16. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement. EXECUTED this day of ,2012. GRANTOR: City of Pearland By: seri Printed Name (\‘'\et—tQ1‘Itci.Q( Title �J 101715.1 GRANTEE: ETC NG By: rmted Na : Robert Rose Title: ice-President-Land 'ght of Way ACKNOWLEDGMENTS State of Texas ) )ss County of ov () ) {{ The foregoing instrument was acknowledged before me this 1 day of ,2012, V by l It -c SP�n ,as C:cA-, n %(,L 'it-- ,of the City of Pearland,on behalf of the City of Pearland. \ ±kOAL&L' . t et— 'o0"&e4o KATHERINE E.BITTICK 2 Notary Public `I,� a Notary Public �/Mt My llte • '1/�31't�'1 C-L •- STATE O TEXAS �,,��,,� My •Comm.Expp.01/0212016 4 ••K f (Print Name of Notary Public Here) State of Texas ) )ss County of Harris ) The foregoing instrument was acknowledged before me this /61day 012, by Robert Rose,Vice-President-Land and Right of Way of ETC NGL Transport LLC. Pl.p,;.. 1'111 :...°"..-z.. WALTERS StateofTexas f NotaN Public, Tresi. ,,, My Commission Exp p,wa046/)--- DONNA 1iC I "%'�rF i, °` ..March 0 2. ._ _ _ . —1 I n /t bleA" (Print Name of Notary Public Here) Please Return To: 101715.1 July 19, 2011 STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT"A" TRACT NO.TX-BR-194 CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE PERMANENT RIGHT-OF-WAY& EASEMENT ACROSS CITY OF PEARLAND Centerline description for a proposed 30' wide permanent right-of-way & easement, extending over, through, along and across 0.1233 acre tract, recorded under Clerk's.File No. 2009005798, Official Public Records of Brazoria County, Texas, said 0.1233 acre tract being situated in the H. T. & B. R.R. Survey Section 31, Abstract 293, Brazoria County, Texas, said centerline being more fully described as follows: Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone (NAD 83 in feet). BEGINNING at a point in the Southwest property line of said 0.1233 acre tract, said "POINT OF BEGINNING" being North 70°33'43" West, a distance of 80.29 feet from an iron rod found at the Southeast corner of said 0.1233 acre tract, same being the West right-of-way line of Veterans Road, said "POINT OF BEGINNING" having coordinates N=13,751,344.31, E=3,148,578.12; THENCE, parallel with and 13 feet Northwesterly of an existing ExxonMobil pipeline, North 46°15'12" East, a distance of 54.28 feet to the POINT OF EXIT in the North property line of said 0.1233 acre tract, said "POINT OF EXIT" being North 87°18'46" East, a distance of 128.63 feet from an iron rod found at the Northwest corner of said 0.1233 acre tract, said "POINT OF EXIT" having coordinates of N=13,751,381.84, E=3,148,617.33. Total Feet: 54.28' Total Rods: 3.29 Plat attached. "lz �f U7 /9 / wVn`�r S. W. Freudensprung . R.P.L.S. No. 5260 Energy Transfer\3737137372096_doc. BRAZORIA COUNTY, TEXAS H. T. & B. R.R. SURVEY SECTION 31, A-293 (TX-BR-193 POINT OF EXIT Prabhakor Rao Draksharam, Trustee N=13,751,381.84 E=3,148,617.33 Fnd. Iron Rod N BT18'46" E - 128.63' R. o= (3) q Conoco Phillips Pipeline ,aa�1. 3 ' �� 1 o (8R-194) Proposed 30' Wide �`�\ I. S. W. Freudensprung, Do Hereby Certify That c This Plat Reflects a Survey Made On the Ground Permanent R/W 46 City of Pearland �& Easement Under my Supervision-During May & June, 2011. al 70.12le Acre 090 0, -iT s;;( `T(` :. Clerk's File No. 2009005798 Official Public Records of v !� �' 4 V P.O.B. Brazoria County, Texas $0 .!..*,1*-,.c N=13,751,344.31 ` co (2) Exist. ExxonMobll Pipelines a ,{ '1. l IT tli'lf 5 E=3,148,578.12 1 a a ' ` ' U {� <, €, �a Yo of Barbed Wire 1 \��;�;'n/,r aS,�� ^w // N .0., Fence a \ cI) i tlCiV �;/, (TX-BR-195 ) is, 60 c� �`;�i Robert W. Griffin 29 . ill 7/(9/li v x • S. W. Freud sprung N Fnd. Iron Registered Professional Land Surveyor No. 5260 Rod x II I N O EN 0, Notes: » >i en 1) All Bearings And Coordinates Are Based On The "Texas Coordinate EXHIBIT B GULLETP & ASSOCIATES, INC. g Total Feet: 54.28' 7706 9.LOOP 73 aoasmx.TEXAS 71012 System", South Central Zone, NAD 83 (US Feet).est (713)e44-9210 2) Description Attached. Total Rode: 3.29. MUMIAp�y�� CHECKED APPROVED 64 PROPOSED 30' WIDE STATUS m WE Of MITrt - urz ,�rva ' _ - PRELY n we PERMANENT R/W & EASEMENT PROMUS OR 10. o =ON ` ACROSS d BID owII OSS 7/11/11 ENERGY TRANSFER mm a CONSTR. "� CITY OF PEARLAND MO.,a � 1�[ CA-3737-2098 $ PLOT a16 ETC RCL TRANSPORT,US BRAZORIA COUNTY, TEXAS /U\ H0. - ROAM-D6EMIbN m Wrz dBrD MVO CADDS -;R6,Nlt6 3727209• SOIL I. 70' flamloM1 Tao' MELT 1 Of 1