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R-2013-095-2013-06-24
RESOLUTION NO. R2013-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR THE TRANSPORTATION OF OIL AND GAS PRODUCTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Easement attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes, is hereby conveyed to Seaway Crude Pipeline Company. PASSED, APPROVED, AND ADOPTED this 24th day of June, A.D., 2013. GREG HILL MAYOR PRO-TEM ATTEST: YO/ G "Vii i••+' . , QEA L q`yo CI SEC'ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Arch i Insurance Group Bond#SU1120722 ARCH INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That Seaway Crude Pipeline Company LLC, as Principal, and The Arch Insurance Company, One Liberty Plaza, New York,New York 10006, a corporation of the State of Missouri, and duly authorized to transact business in the State of Texas as Surety, are held and firmly bound unto City of Pearland, Texas , as Obligee, in the penal sum of Fifteen Thousand Dollars and no cents ($15,000.00) DOLLARS, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has applied to the Obligee for a license or permit for: Restoration of Right-Of-Way within City of Pearland, Texas NOW, THERFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall comply with all applicable Statutes, Ordinances, Rules and Regulations, and any Amendments thereto, then is obligation shall be void, otherwise to remain in full force and effect. The Surety may cancel this bond at any time by giving written notice to the Obligee of such intention by certified or registered mail, return receipt requested. The liability of Surety shall cease 30 (thirty) days after receipt of the termination notice by the Obligee except as to any liability, debt, or other obligation incurred or accrued prior to the expiration of such 30 day period. The Surety's total liability shall not exceed the penal sum of this bond. Signed, sealed and dated this 1st day of April, 2013. Witness: �.1� Principal: Seaway Crude Pipeline Company LLC By:, Ll� pv�- Lv By: mac/la^ ,(e , G 7Q, Surety: ' rch Insurance Co pany By: r�j•IL-�!�',l. . _ Carol E. Hock,Attorney-In-Fact AIC 0000009068 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Carol E. Hock, Robert M. Overbey, Jr. and Suzonne D. Lawrence of Houston, TX(EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000009068 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 17th day of November, 2011. Attested and Certified Arch Insurance Company ,of allee C� `1../' inn �'"� " artin J. Nilsen, Secretary David M. in e stein, Executive Vice President STATE OF PENNSYLVANIA SS M i$ COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMON'W[A,,TH OR PENNSYLVANIA . NOTARIAL SEAL KATHLEEN MARCIIYKUS,Notary Public City of Phitadalphla,i ila.Ccun 1Kat leen Marcinkus, Not Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 17. 2011 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTI ONY WH OF, I h ve hereu.rao subscribed my name and affixed the corporate seal of the Arch Insurance Company on this_ _day of __,20 • fr,-.7;:-.:1 . .... artin J. Nils=n,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 1tanCe C'Q Philadelphia,PA 19102 0,ntrograt 11 SEhR a1977 Missouri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. N ARCH Insurance Company ARCH Surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact William J. Misero, Surety, Arch Insurance Company, at the toll-free telephone number or address provided below: Arch Insurance Company Attention: William J. Misero 3 Parkway Suite 1500 Philadelphia PA 19102 1-866-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.0, Box 149091 Austin, TX. 78714-9091 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed. 4/12) Printed in U.S.A. �■114, ® DATE(MM/DD/YYYY) ,4�° CERTIFICATE OF LIABILITY INSURANCE 04/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to : the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE FAX Houston TX Office (AIC.No.Ezt): (866) 283-7122 I(AIC.No.): (847) 953-5390 a 5555 San Felipe E-MAIL o Suite 1500 ADDRESS: I Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC if INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Seaway Crude Pipeline Company LLC INSURER B: New Hampshire Ins Co 23841 1100 Louisiana Street, 10th Floor Houston TX 77002 USA INSURER C: Illinois National Insurance Co 23817 INSURER D: Aspen Insurance UK Ltd. AA1120337 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570049657119 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL S •• EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY1 MMIDD/YVYY LIMITS A GENERAL LIABILITY GL2803112 04/18/2013 04/18/2014 EACH OCCURRENCE $1,000,000 Commercial General Liab DAMAGE-10 REN(ED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE ©OCCUR MED EXP(Any one person) _ EXCI uded PERSONAL&ADV INJURY $1,000,00E1 GENERAL AGGREGATE $2,000,000 r GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 a 7C-1 POLICY n JET LOC o A AUTOMOBILE LIABILITY CA 480-70-20 04/18/2013 04/18/2014 COMBINED SINGLE LIMIT in Business Auto Coverage (A (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) O Z ALL OWNED -SCHEDULED BODILY INJURY(Per accident) d AUTOS AUTOS . NON-OWNED PROPERTY DAMAGE t0 HIRED AUTOS _AUTOS (Per accident) w a a B UMBRELLAUAB OCCUR PE1308013000*" 04/18/2013 04/18/2014 EACH OCCURRENCE $5,000,000 0 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $5,000,000 DED I RETENTION B WORKERS COMPENSATION AND WC012948489 04/18/2013 04/18/2014 X I TORY LIMITS WC STATU- OTH- B EMPLOYERS'LIABILITY YIN WC012948493 04/18/2013 04/18/2014 ER ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT $1,000,000 C OFFICER/MEMBER EXCLUDED? I N NIA WC012948494 04/18/2013 04/18/2014 B (Mandatory in NH) wC012948490 04/18/201304/18/2014 E.L.DISEASE-EA EMPLOYEE $1,000,000 B D s6,ile ON OF OPERATIONS below WC012948491 04/18/2013 04/18/2014 E.L.DISEASE-POLICY LIMIT $1,000,000- Mil DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) **Policy is excess of primary policies. N r_a M N CERTIFICATE HOLDER CANCELLATION ild SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE y J POLICY PROVISIONS. City of Pearl and, TX AUTHORIZED REPRESENTATIVE 3519 Liberty Dr. �a Pearl and TX 77581 USA tL i-�V �� ���� IILwJ�r�O ME ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10638949 LOC#: ACO ADDITIONAL REMARKS SCHEDULE `-� Page _ of _ AGENCY NAMED INSURED Aon Risk Services Southwest, Inc. Seaway Crude Pipeline Company LLc POLICY NUMBER See Certificate Number: 570049657119 CARRIER NAIC CODE See Certificate Number: 570049657119 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR EFFECTIVE EXPIRATION LIMITS LTR TYPE OF INSURANCE INSR W'D POLICY NUMBER DATE DATE (MM/DDIYYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY A CA 480-70-21 04/18/2013 04/18/2014 Combined $1,000,000 Truckers Policy Single Limi WORKERS COMPENSATION B N/A wc012948492 04/18/2013 04/18/2014 ACORD 101(2008101) C 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 2013032118 AGREEMENT Total PaResolution No. R2013-95 • ges: 12 AM Exhibit "A" IIISeaway Loop Segment S Tract#: TX-BO-0100.00000 Brazoria County,Texas NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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. PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement"), dated the 24th day of June 2013,is between the City of Pearland,whose mailing address is 3519 Liberty Drive,Pearland,Texas,77581,(hereinafter referred to as"Grantor",whether one or more),and Seaway Crude Pipeline Company LLC,a Delaware limited liability company,with offices at 1100 Louisiana,Suite 1000,Houston,Texas 77002 and mailing address for all correspondence to P.O. Box 4324,Attn:Land Dept.,Houston,Texas 77210-4324,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 (510.(0) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Grantor does hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee a non-exclusive fifty foot(50')wide free and unobstructed permanent easement in order to construct,operate and maintain one(1)pipeline, not to exceed Thirty-Six inches(36")in nominal pipe diameter(the"Pipeline"),and any appurtenant facilities in,over, through,across,under,and along land owned by the Grantor,as more particularly described in Exhibit"A" attached hereto("the Permanent Easement"). Grantor does also hereby GRANT,BARGAIN,SELL and CONVEY unto Grantee temporary workspace (and additional temporary workspace,if any),as more particularly described in Exhibit"A"attached hereto,in order to construct the Pipeline and any appurtenant facilities in, over, through, across, under, and along the property (the 'Temporary Construction Easement"). The term of the Temporary Construction Easement shall be for a period to extend twelve(12)months from the date of construction commencement,which shall be deemed to have commenced upon . I lowever,if Grantee has completed its use of the'Temporary Construction Easement prior to the twelve(12) month period,then the Temporary Construction Easement shall immediately terminate. All rights,duties and/or obligations arising by or under this Agreement shall only apply to the Temporary Construction Easement while same in effect. It is further agreed as follows: 1. The right to use the Easements 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, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of the Pipeline within the 1ermanent Easement,abandoning in place and removing at will, in whole or in part, the Pipeline,for the transportation of oil,oil products,crude petroleum,natural gas,gas liquids, liquefied minerals, or other mineral solutions, together with above- and below-ground appurtenances as may be necessary or desirable for the operation of the Pipeline,over,across,under and upon the Permanent Easement. 2. Grantee shall bury the Pipeline to a minimum depth of thirty-six inches(36")below the surface of the ground and any then existing drainage ditches,creeks and roads,except at those locations where rock is encountered,the Pipeline may be buried at a lesser depth. 3. Grantee shall have the right of Ingress,egress,entry and access in, to,through,on,over,under,and across the Easements and where same intersect any public road or public right-of-way or other easement to which Grantee has the right to access and along any roads designated by Grantor,for any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it by this Agreement. Grantee shall promptly repair any damage to Grantor's roads caused by Grantee so as to maintain the roads in as good or better condition as existed prior to use by Grantee. 4. Grantee shall have the right to select the exact location of the Pipeline within the Permanent Easement.Further, Grantee shall have the right to construct,maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the Pipeline and appurtenant facilities related to this pipeline project.To ensure that Grantor's property and surrounding properties are not adversely affected,Grantee's rights pursuant to this section, except for location of the Pipeline within the Permanent Easement, shall be subject to the review and approval of Grantor which said approval shall not be not be unreasonably withheld,conditioned or delayed by Grantor. 5. The consideration paid by Grantee in this Agreement includes the market value of the Easements,both permanent and temporary,any and all damages to the Grantor's remaining property and for reasonably anticipated damages caused to the surface of Grantor's lands within the Easements during the initial construction of the Pipeline and related facilities. The initial consideration does not cover any damages, which may accrue to Grantor's other lands, the Permanent Easement from time to time by reason of the operation,maintenance,repair,alteration and/or servicing of the Pipeline or any other damages incurred from time to time as hereinafter more specifically set forth. Grantee shall pay Grantor for any and all other such reasonable damages promptly as they may accrue. 6. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property,it will restore the surface to the condition in which it was in prior to the use of this . Easement,as reasonably practicable,except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this Temporary Construction Easement.Grantee shall have the right to remove any fence which now crosses or may cross the Easements during initial construction of the Pipeline. Prior to cutting any fence,however,Grantee shall brace the existing fence to be cut adequately on both sides of the proposed cut by suitable Ii-braces to prevent the remainder of the fence from sagging. Before the fence wire is cut,it is to be attached to the posts in a manner that there will be no slackening of or damage to the wire. Each such wire gap is to be reinforced so as to be strong enough to prevent livestock from passing through same. Upon completion of initial construction operations,each wire gap will be removed and a permanent gate installed,which gate shall,to the extent reasonably practicable,be constructed out of similar or better grade materials than already used for existing gates on the property. Each entry and exit gate shall be securely closed and locked, except when Grantee or its authorized personnel are actually passing through same. 7. Grantor may use the Easements for any and all purposes not inconsistent with the purposes set forth in this Agreement. Grantor may not use any part of the Easements if such use may damage,destroy,injure,and/or interfere with Grantee's use of the Easements for the purposes for which the Easements are being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easements:(1)construct any temporary or permanent building or site improvements;(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 may interfere with the purposes for which this Agreement is being acquired may be placed, erected, installed or permitted upon the Easements without the written permission of Grantee. In the event the terms of this paragraph are violated,such violation shall be eliminated within a reasonable time following receipt of written notice from Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easements arc conveyed. Any improvements,whether above or below ground,installed by Grantor subsequent to the date that Grantee acquires possession of the Easements, may be removed by Grantee without liability to Grantor for damages. Grantee acknowledges that the Permanent Easement will encroach into Grantor's future flood detention pond,and agrees that Grantor shall be allowed to use all or a portion of the area covered by the Permanent Easement for the construction of a maintenance berm to serve the future detention pond. 8. Grantee has the right to mow the Permanent Easement and to trim or cut down or eliminate trees or shrubbery,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 hazard thereto,and the right to remove or prevent the construction of, any and all buildings,structures,reservoirs or other obstructions on the Easements which,in the sole judgment of the Grantee,may endanger or interfere with the efficiency,safety,or convenient operation of the Pipeline and appurtenant facilities. All trees,brush and other debris caused by construction shall be burned and/or chipped and spread on the Permanent Easement or removed to an authorized disposal site. The method of disposal shall be selected by Grantee. 9. Grantor shall retain all the oil,gas,and other minerals in,on and under the Easements;provided,however,that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Easements,but it will be permitted to extract the oil and other minerals from and under the Easements by directional drilling and other means,so long as such activities do not damage,destroy,injure,and/or interfere with the Grantee's use of the Easements for the purposes for which the Easements are being sought by Grantee. lQ. Grantee agrees to comply in all material respects,at its sole cost,with all applicable federal,state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. 11. Grantee will,insofar as reasonably practicable,level,re-grade,and reseed the ground disturbed by Grantee's use of the Easements and will maintain the Easements clean of all litter and trash during periods of construction,operation, maintenance,repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the Pipeline. I2. Grantee shall use the Easements solely for the purposes specified in this Agreement. There shall be no hunting or fishing on the Easements or any of Grantor's lands by Grantee,its officers,agents,employees,contractors,invitees, guests or representatives at any time. No firearms or fishing equipment shall be taken on the Easements by Grantee,its officers,agents,employees,contractors,invitees,guests or representatives at any time. 13. Cathodic protection test stations,if necessary for the operation of the Pipeline,as determined by Grantee,may be placed by Grantee at the junction of the Permanent Easement and the fence lines on Grantor's property. 14. This Agreement may be executed in several counterparts,each of which shall be an original of this Agreement but all of which,taken together,shall constitute one and the same Agreement and be binding upon the parties who executed any counterpart,regardless of whether it is executed by all parties named herein. 15. Grantee shall have the right to assign this grant in whole or in part,in which event Grantor acknowledges and agrees that the assignee shall succeed to the rights and obligations of Grantee to the extent conveyed in such assignment. 16. This Agreement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements,if any,concerning the subject of this Agreement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee(which is not expressed or referenced specifically within the Agreement) in executing this Agreement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Agreement is free and voluntary;this Agreement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. TO I(AVE AND TO 1-IOI.D the rights,privileges and authority hereby granted unto the Grantee,its successors and assigns,forever,and Grantor does hereby agree to warrant and defend said Easements unto Grantee,its successors and assigns. This Agreement and all of its terms, provisions and obligations shall be covenants running with the land 2 affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors,administrators,successors and assigns. [Intentionally Left Blankj 3 EXECUTED this 24thdayof June 2013. GRANTOR: CITY OF PEARLAND By: iiii?"11-Sita;......„ Name: Bill Eisen Title: City Manager ACKNOWLEDGEMENT STATE OF TEXAS S Brazoria S COUNTY OF S This instrument was acknowledged before me on the 24 t h day of June _2013, by Bill Eisen , City Manager of the City ofPearland. • GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 4 day of June 2013. • ,/rf�f Not Public in and for the State of Texas :44440 %CICI�CIC/YldCO2rp NL ,,,,, ut, MARIA E.RODRIGUEZ ``till Maria E. Rodriguez . Notary Public,State of Texas (Print Name of Notary Public Here) �.' My Commission Expires: 11 °' 02/26/2017 /CIL'Ik/' PLEASE RETURN RECORDED ORIGINAL TO: Seaway Crude Pipeline Company LLC Attn:Documents 1110 NASA Parkway,Suite 300 Houston,TX 77058 4 • ,1 srk • • AIL • aft 4.,�� ��•',.�. �'f S3UVI ooii.3 AIAAM v ' : :zoliox3 1.1*aim r o)YN! EXHIBIT"B" TX-BO-0100.00000 CITY OF PEARLAND METES AND BOUNDS DESCRIPTION PERMANENT EASEMENT Tract One: Being a 3.29 acre tract of land out of the D.H.M. Hunter Survey,Abstract 76 in Brazoria County,Texas,same being out of a Reserve"A"in the Minor Plat of Pearland Gateway Subdivision as recorded in Clerk's File Number 2009019090 of the Plat Records of Brazoria County,Texas,said 3.29 acre tract being more particularly described as follows: COMMENCING at a 3/4-inch iron rod found on the northwest line of said Reserve"A", same being on the southeast line of the remainder of Lot 93 in the Map of South Park Cemetery as recorded in Volume 8, Page 101 of the Deed Records of Brazoria County, Texas; THENCE, along the northwest line of said Reserve "A" and the southeast line of said Lot 93, South 41 degrees 30 minutes 30 seconds West a distance of 86.32 feet to the northwest corner of the herein described tract and the POINT OF BEGINNING; THENCE,crossing said Reserve"A"the following five(5)courses: 1. North 62 degrees 30 minutes 02 seconds East a distance of 372.37 feet to an angle point; 2. North 57 degrees 16 minutes 16 seconds East a distance of 1,075.69 feet to an angle point; 3. North 12 degrees 08 minutes 16 seconds East a distance of 124.44 feet to an angle point; 4. North 57 degrees 08 minutes 16 seconds East a distance of 805.80 feet to an angle point; 5. North 51 degrees 35 minutes 14 seconds East a distance of 435.45 feet to the east line of aforesaid Reserve"A", same being the west right-of-way line of Pearland Parkway (130-foot wide) for the northeast corner of the herein described tract; THENCE,along the east line of said Reserve"A"and the west right-of-way line of said Pearland Parkway, South 02 degrees 43 minutes 50 seconds East a distance of 61.56 feet to the southeast corner of the herein described tract; THENCE,crossing said Reserve"A"the following five(5)courses: 1. South 51 degrees 35 minutes 14 seconds West a distance of 401.96 feet to an angle point; 2. South 57 degrees 08 minutes 16 seconds West a distance of 787.51 feet to an angle point; 3. South 12 degrees 08 minutes 16 seconds West a distance of 124.50 feet to an angle point; 4. South 57 degrees 16 minutes 16 seconds West a distance of 1,098.75 feet to an angle point; 5. South 62 degrees 30 minutes 02 seconds West a distance of 504.91 feet to the northwest line of aforesaid Reserve "A" and the southeast line of aforesaid Lot 93; PAGE 1 OF 3 EXHIBIT"B" THENCE, along the northwest line of said Reserve"A" and the southeast line of said Lot 93, North 41 degrees 30 minutes 03 seconds East a distance of 139.52 feet to the POINT OF BEGINNING and containing 3.29 acres of land. Tract Two: Being a 0.93 of an acre tract of land out of the D.H.M. Hunter Survey, Abstract 76 in Brazoria County,Texas,same being out of a Reserve"C"and Reserve"D"in the Minor Plat of Pearland Gateway Subdivision as recorded in Clerk's File Number 2009019090 of the Plat Records of Brazoria County,Texas,said 0.93 acre tract being more particularly described as follows: COMMENCING at a 3/8-inch iron rod with a cap stamped"C.L. DAVIS RPLS 4464" found for an angle point on the north line of said Reserve"D", same being on the south line of said Reserve"C"; THENCE, crossing said Reserve"D", South 39 degrees 09 minutes 53 seconds West a distance of 437.66 feet to the west line of said Reserve"D",same being the east right-of- way line of Pearland Parkway (130-foot wide) for the northwest corner of the herein described tract and the POINT OF BEGINNING; THENCE, crossing said Reserve "D"and aforesaid Reserve"C", North 51 degrees 35 minutes 14 seconds east a distance of 766.17 feet to the north line of said Reserve"C", same being the south line of a call 6.0541 acre tract of land as recorded in Clerk's File Number R254525 of the Official Public Records of Real Property of Harris County, Texas,for the northeast corner of the herein described tract; THENCE,along the north line of said Reserve"C"and the south line of said 6.0541 acre tract, South 87 degrees 37 minutes 40 seconds East a distance of 76.54 feet to the east corner of the herein described tract; THENCE, crossing said Reserve"C" and aforesaid Reserve"D", South 51 degrees 35 minutes 14 seconds West a distance of 860.03 feet to the west line of said Reserve"D", same being the east right-of-way line of aforesaid Pearland Parkway; THENCE,along the west line of said Reserve"D"and the east right-of-way line of said Pearland Parkway,North 02 degrees 43 minutes 50 seconds West a distance of 61.56 feet to the POINT OF BEGINNING and containing 0.93 acres of land. SUMMARY TRACT ONE 3.29 acres TRACT TWO 0.93 acres TOTAL 4.22 acres PAGE 2 OF 3 EXHIBIT"B" All Title information was provided by Wood Group Mustang, Inc. (formerly Mustang Engineering,L.P.) Distances are grid distances. Bearings based on the Texas Coordinate System, South Central Zone, NAD83. All bearings and coordinates were determined from GPS Observations. Metes and bounds and survey plat were prepared from a survey made on the ground in July 2012 thru November 2012. Survey plat prepared by separate document Exhibit"A". 4 So� t3 r c�OF Tc STEVEN J. BETZ 5055 Stev a Professional Land Surve `! No. 155 Compiled by: Wood Group Mustang,Inc. (formerly Mustang Engineering,L.P.) 16001 Park Ten Place Houston,Texas 77084 (713)215-8000 May 8,2013 Job No.20160(Seaway Spread 5) PAGE 3 OF 3 BRAZORIA COUNTY, TEXAS D.H.M. HUNTER SURVEY, A-76 EXHIBIT "A' X-HR-012o.00030� HARRIS COUNTY FLOOD CONTROL DISTRICT LINE TABLE 6.0541 ACRES TRACT 4 1. N51'35'14"E - 418.71' C.F. NO. R254525 2. N51'35.14"E - 160.05'-STREET O.P.R.R.P.H.C.T. 3. N36'36'34"E - 461.03'-TIE TERMINAL POINT H.T.& B. R.R. 4. N51'35'14"E - 813.10' FND. 3/8' IR W/CAP CO. i5- 5. 569'32'23"W - 386.56'-TIE 'C.L DAMS RPLS 4464'Na410 1" .. 600' CteAR �` ,pR S CRK DETAIL 'D I v/' i� fR „ , y -io`�- PgNT OF EXIT 0 DETAIL POINT of PROPOSED H.T.& B. R.R. CO. < RE-ENTRY 36" PIPELINE A-233 "" j Y \ eh (D(-80-0104.0004 f3k NS �14C3,/�a�e r °-a.I ij 9 0 S.E. CEMETERIES OF TEXAS, INC. C� - ; RESERVE "D"* (F/K/A RESTLAND OF DALLAS. INC.) i N12 08'16'E a Icc REMAINDER OF / /ice• 124.47' LOTS 93 AND 94 DETAIL D.H.M. HUNTER VOL 924, PG. 310 ttN -B- A-76 D.R.B.C.T. ,tip° e h F ' ::: (IX-B0-0100.00000� FND. 3/4' ' CITY OF PEARLAND I.R. ./i h�,6 * \\\ � � RESERVE "A' S41'30'031Y . CITY OF PEARLAND TRACTS 211.90' ) N59'24'52"E - 156.10' MINOR PLAT OF PEARLAND GATEWAY SUBDIVISION DETAIL / N62'30'02"E - 208.17' C.F. NO. 2009019090 "A"/, P.O.B. P.R.B.C.T. 5g-r 5 �' CIF T.� C0 P ':N A : Alr t , BETZ STEVEN J. BETZ RE D PROFESSIONAL LAN SU R I `.G 5055 ; NO. 5055 111,i;o� SsI9.-'0 / ti.,SuavS; METES AND BOUNDS PREPARED BY SEPARATE • - DOCUMENT. DISTANCES SHOWN HEREON ARE GRID DISTANCES. BEARINGS BASED ON TEXAS COORDINATE SYSTEM, NAD 83, SOUTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. WOOD GROUP MUSTANG, INC. 16001 PARK TEN PLACE, HOUSTON, TX 77084 TOTAL LENGTH: 3731.64 FEET 226.16 RODS 713-215-8000 I I PERMANENT EASEMENT (4.22 AC.) &\\\' TEMPORARY WORK SPACE (4.12 AC.) Wood Group Mustang,Inc. V��.Y..*: ADDITIONAL TEMPORARY WORK SPACE (2.11 AC.) FCfIIAER.YMVSTANGENGINEEF:NG.L0 ED Seaway SEAWAY CRUDE PIPELINE COMPANY LLC Crude CITY OF PEARLAND SHEET or 1 4 DRAWN BY CHECKED BY APPROVED BY REVISION DATE DRAWING NUMBER MPG SR SJB DATE 05/08/13 NO. 3 11/05/12 TX-BO-0100.00000 BRAZORIA COUNTY, TEXAS D.H.M. HUNTER SURVEY, A-76 EXHIBIT "A" FND. 3/1I4' .R. i �l. ►S' cif ��i�� �\�F, %,t,l ii: 6 / s� ;;I:: P.O.B. F1. ,Er iIi' :2" *. EPERMANENT EASEMENT �(TRACT fi7/1 P.O.B. f .... II ,,,.-'-s: !:♦'-6'. DETAIL "A" N.T.S. ,140 4._Wood GroupMustang,Inc. i' �'' ', ' • '. SEAWAY CRUDE PIPELINE COMPANY LLC SHEET OF CITY OF PEARLAND 2 4 DRAWN BY CHECKED BY APPROVED BY REVISION DATE DRAWING NUMBER MPG SR SJB DATE 05/08/13 NO. 3 11/05/12 TX—B0-0100.00000 BRAZORIA COUNTY, TEXAS D.H.M. HUNTER SURVEY, A-76 EXHIBIT "A' .......... ........... ..•........ ............ ............... .. .........•........... .........•............ ....................... 00 ....•...•.•.............. .......... ...•......... Sligratingqi ile4t3 •••••••••••••••••• .••••.••.••••••• // ••••••••••••••• d/i ••••••••••••• .❖o.❖.❖.• ' Q r / iiiiiiii.;, ..... i i :::::::::::::* . °' 1 1 N /1 ii .:::::::::::::$ AW.51; 0 / cl-°/ .::::*:**; 0 d ANNE piii giiiiiii!,,,, ; �. ....... ........ ........ ....... ....... ........ ex::::::::::F i::::::::" .....*:...:. ••••... ...••.•. ...... ....... :.... .......: 7:zi ..... ....... . :�:��► :.:: M1S ••iiiiiii WRy F,W`� if ••iiiiiii ..........:.:.:.: ..s:.:.:.:.:........ 711 # 1 / t .••.••••••• Je�F' " •�•iiiiiiiiiiiii• N /� ,••.•••.••••••••••• t. ••iiiiiii•�•i•�•iiiiiiiiiiiiiiii� '•••'•••:::•'•'••••••• DETAIL "B" .❖. . . .❖. .❖.❖.❖.❖.❖.•.� ,:,:,::::: ,:::§�,�,�,�,�,�:Kii:: N.T.S. 4_Wood Group Mustang,Inc. FgZ1ERLV W,AiTAVG EiJ(:'.EEPoNG,l P ' \ SEAWAY CRUDE PIPELINE COMPANY LLC ` .l,IL' CITY OF PEARLAND BRA, GP 3 4 DRAWN BY CHECKED BY APPROVED BY REVISION DATE DRAWING NUMBER MPG I SR I SJB DATE 05/08/13I NO. 3 I 1 1/05/12 TX-B0-0100.00000 BRAZORIA COUNTY, TEXAS D.H.M. HUNTER SURVEY, A-76 EXHIBIT "A" cS\ 1 r fi / Ir w W 1 d i •• \9e ♦♦♦4♦♦♦�.�'�•�// Q r 4. F E % w1 , \•.t: v� ♦ice J \ 6N oc, T Y� Q/ ♦♦♦♦♦♦♦ iiii 0-# Q,Y`i* ,,, " / ♦♦♦♦♦♦♦♦♦♦ ♦♦ ....... .......... • :CV 7V - 1 7 9 ,••••:::i:::::479 ::::::::::," ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ rO�DETAIL "C" , e � , N.T.S. ' �Ox ' GT P.O.B. ti5 d, PERMANENT EASEMENT (TRACT TWO) , DETAIL "D" )4( N.T.S. 4 I a I z. z W a 4_Wood Group Mustang,Inc. FORMEFtY MUSTANG ENG'NEVANG.LP l', s'' ` ' ` SEAWAY CRUDE PIPELINE COMPANY LLC ( .t"tu�i�� SHEEP OF CITY OF PEARLAND 4 4 DRAWN BY CHECKED BY APPROVED BY REVISION DATE DRAWING NUMBER MPG SR SJB DATE 05/08/13 NO 3 11/05/12 TX-BO-0100.00000 FILED and RECORDED Instrument Number: 2013032118 Filing and Recording Date: 07/02/2013 01:32:52 PM Pages: 12 Recording Fee: $61.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. ce: �g OF?:� :07: ef_-_--? or....$04.4c4s...derg4 ,. , *." '`* I �; Joyce Hudman, County Clerk T �!�`y Brazoria County, Texas r)F Bt"; ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-juanita 2013032117 AGREEMENT Total Pages: 7 AM III K1f'M* NA, Fui 14 1111111 TractS#wTXBO-01��OOIOO Brazoria County,Texas NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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. PERMANENT EASEMENT AGREEMENT This permanent Easement Agreement (the "Agreement"), dated the 24thday of June 2013,is between the City of Pearland,whose mailing address is 3519 Liberty Drive,Pearland,Texas,77581,(hereinafter referred to as"Grantor",whether one or more),and Seaway Crude Pipeline Company LLC,a Delaware limited liability company,with offices at 1100 Louisiana,Suite 1000,I Iouston,Texas 77002 and mailing address for all correspondence to P.O. Box 4324,Attn: Land Dept.,Houston,Texas 77210-4324,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 (S10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Grantor does hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee a non-exclusive fifty foot(50')wide free and unobstructed permanent easement in order to construct,operate and maintain one(1)pipeline, not to exceed Thirty-Six inches(36")in nominal pipe diameter(the"Pipeline"),and any appurtenant facilities in,over, through,across,under,and along land owned by the Grantor,as more particularly described in Exhibit"A" attached hereto("the Permanent Easement"). Grantor does also hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee temporary workspace (and additional temporary workspace,if any),as more particularly described in Exhibit"A"attached hereto,in order to construct the Pipeline and any appurtenant facilities in, over, through, across, under, and along the property (the "Temporary Construction Easement"). The term of the Temporary Construction Easement shall be for a period to extend twelve(12)months from the date of construction commencement,which shall be deemed to have commenced upon . However,if Grantee has completed its use of the Temporary Construction Easement prior to the twelve(12)month period,then the Temporary Construction Easement shall immediately terminate. AU rights,duties and/or obligations arising by or under this Agreement shall only apply to the Temporary Construction Easement while same in effect. It is further agreed as follows: 1. The right to use the Easements 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, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of the Pipeline within the Permanent Easement,abandoning in place and removing at will, in whole or in part,the Pipeline,for the transportation of oil,oil products,crude petroleum,natural gas,gas liquids, liquefied minerals, or other mineral solutions, together with above- and below-ground appurtenances as may be necessary or desirable for the operation of the Pipeline,over,across,under and upon the Permanent Easement. 2. Grantee shall bury the Pipeline to a minimum depth of thirty-six inches(36")below the surface of the ground and any then existing drainage ditches,creeks and roads,except at those locations where rock is encountered,the Pipeline may be buried at a lesser depth. 3. Grantee shall have the right of ingress,egress,entry and access in, to, through,on,over,under,and across the Easements and where same intersect any public road or public right-of-way or other easement to which Grantee has the right to access and along any roads designated by Grantor,for any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it by this Agreement. Grantee shall promptly repair any damage to Grantor's roads caused by Grantee so as to maintain the roads in as good or better condition as existed prior to use by Grantee. 4. Grantee shall have the right to select the exact location of the Pipeline within the Permanent Easement.Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the Pipeline and appurtenant facilities related to this pipeline project.To ensure that Grantor's property and surrounding properties are not adversely affected,Grantee's rights pursuant to this section, except for location of the Pipeline within the Permanent Easement, shall be subject to the review and approval of Grantor which said approval shall not be not be unreasonably withheld,conditioned or delayed by Grantor. 5. The consideration paid by Grantee in this Agreement includes the market value of the Easements,both permanent and temporary,any and all damages to the Grantor's remaining property and for reasonably anticipated damages caused to the surface of Grantor's lands within the Easements during the initial construction of the Pipeline and related facilities. The initial consideration does not cover any damages, which may accrue to Grantor's other lands, the Permanent Easement from time to time by reason of the operation,maintenance,repair,alteration and/or servicing of the Pipeline or any other damages incurred from time to time as hereinafter more specifically set forth. Grantee shall pay Grantor for any and all other such reasonable damages promptly as they may accrue. 6. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property,it will restore the surface to the condition in which it was in prior to the use of this Easement,as reasonably practicable,except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this Temporary Construction Easement.Grantee shall have the right to remove any fence which now crosses or may cross the Easements during initial construction of the Pipeline. Prior to cutting any fence,however,Grantee shall brace the existing fence to be cut adequately on both sides of the proposed cut by suitable 1I-braces to prevent the remainder of the fence from sagging. Before the fence wire is cut,it is to be attached to the posts in a manner that there will be no slackening of or damage to the wire. Each such wire gap is to be reinforced so as to be strong enough to prevent livestock from passing through same. Upon completion of initial construction operations,each wire gap will be removed and a permanent gate installed,which gate shall,to the extent reasonably practicable,be constructed out of similar or better grade materials than already used for existing gates on the property. Each entry and exit gate shall be securely closed and locked, except when Grantee or its authorized personnel are actually passing through same. 7. Grantor may use the Easements for any and all purposes not inconsistent with the purposes set forth in this Agreement. Grantor may not use any part of the Easements if such use may damage,destroy,injure,and/or interfere with Grantee's use of the Easements fur the purposes for which the Easements are being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easements:(1)construct any temporary or permanent building or site improvements;(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 may interfere with the purposes for which this Agreement is being acquired may be placed, erected, installed or permitted upon the Easements without the written permission of Grantee. in the event the terms of this paragraph are violated,such violation shall be eliminated within a reasonable time following receipt of written notice from Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easements are conveyed. Any improvements,whether above or below ground,installed by Grantor subsequent to the date that Grantee acquires possession of the Easements, may be removed by Grantee without liability to Grantor for damages. Grantee acknowledges that the Permanent Easement will encroach into Grantor's future flood detention pond,and agrees that Grantor shall be allowed to use all or a portion of the area covered by the Permanent Easement for the construction of a maintenance berm to serve the future detention pond. 8. Grantee has the right to mow the Permanent Easement and to trim or cut down or eliminate trees or shrubbery,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 hazard thereto,and the right to remove or prevent the construction of, any and all buildings,structures,reservoirs or other obstructions on the Easements which,in the sole judgment of the Grantee,may endanger or interfere with the efficiency,safety,or convenient operation of the Pipeline and appurtenant facilities. All trees,brush and other debris caused by construction shall be burned and/or chipped and spread on the Permanent Easement or removed to an authorized disposal site. The method of disposal shall be selected by Grantee. 9. Grantor shall retain all the oil,gas,and other minerals in,on and under the Easements;provided,however,that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Easements,but it will be permitted to extract the oil and other minerals from and under the Easements by directional drilling and other means,so long as such activities do not damage,destroy,injure,and/or interfere with the Grantee's use of the Easements for the purposes for which the Easements are being sought by Grantee. 10. Grantee agrees to comply in all material respects,at its sole cost,with all applicable federal,state and local laws, rules, and regulations which arc applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. 11. Grantee will,insofar as reasonably practicable,level,re-grade,and reseed the ground disturbed by Grantee's use of the Easements and will maintain the Easements clean of all litter and trash during periods of construction,operation, maintenance,repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the Pipeline. 12. Grantee shall use the Easements solely for the purposes specified in this Agreement. Them shall be no hunting or fishing on the Easements or any of Grantor's lands by Grantee,its officers,agents,employees,contractors,invitees, guests or representatives at any time. No firearms or fishing equipment shall be taken on the Easements by Grantee,its officers,agents,employees,contractors,invitees,guests or representatives at any time. • 13. Cathodic protection test stations,if necessary for the operation of the Pipeline,as determined by Grantee,may be placed by Grantee at the junction of the Permanent Easement and the fence lines on Grantor's property. 14. This Agreement may be executed in several counterparts,each of which shall be an original of this Agreement but all of which,taken together,shall constitute one and the same Agreement and be binding upon the parties who executed any counterpart,regardless of whether it is executed by all parties named herein. 15. Grantee shall have the right to assign this grant in whole or in part,in which event Grantor acknowledges and agrees that the assignee shall succeed to the rights and obligations of Grantee to the extent conveyed in such assignment. 16. This Agreement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements,if any,concerning the subject of this Agreement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee(which is not expressed or referenced specifically within the Agreement) in executing this Agreement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Agreement is free and voluntary;this Agreement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. TO HAVE AND TO hIOE.D the rights,privileges and authority hereby granted unto the Grantee,its successors and assigns,forever,and Grantor does hereby agree to warrant and defend said Easements unto Grantee,its successors and assigns. This Agreement and all of its terms,provisions and obligations shall be covenants running with the land 2 affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors,administrators,successors and assigns. [Intentionally Left Blank( 3 EXECUTED this 24thday of June 2013. GRANTOR: CITY OF PEARLAND By: Name:Bi 11 Eisen Title: City Manager ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF Brazori a § This instrument was acknowledged before me on the 24 th day of June 2013, by Bill Eisen , City Manager of the City ofPearland. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24 day of J e i013. Nota 'ublic in and for the State of Texas �r ,�a�•t,4 MARIA E.RODRIGUEZ 11 M is E. Rodriguez Notary Public,State of Texas l3 (Print Name of Notary Public Here) oftr My Commission Expires: 11 02/26/2017 6wxedroeefr...arestopt„.44,44,40:40 PLEASE RETURN RECORDED ORIGINAL TO: Seaway Crude Pipeline Company LLC Attn:Documents 1110 NASA Parkway,Suite 300 Houston,TX 77058 4 EXHIBIT`B" TX-BO-0112.00100 CITY OF PEARLAND METES AND BOUNDS DESCRIPTION PERMANENT EASEMENT Being a 0.10 of an acre tract of land out of the H.T. & B. Railroad Company Survey, Abstract 232 and the R.B. Lyle Survey, Abstract 542 in Brazoria County, Texas, same being out of a call 4.1469 acre tract of land as recorded in Clerk's File Number 2005062987 of the Official Records of Brazoria County,Texas,said 0.10 acre tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found on the north line of the remainder of a call 26.58 acre tract of land as recorded in Volume 1487, page 688 of the Deed Records of Brazoria County,Texas,for the southwest corner of said 4.1469 acre tract; THENCE,along the north line of said 26.58 acre tract and the south line of said 4.1469 acre tract,North 87 degrees 15 minutes 09 seconds East a distance of 403.79 feet to the southwest corner of the herein described tract and the POINT OF BEGINNING; THENCE,crossing said 4.1469 acre tract,North 50 degrees 23 minutes 14 seconds East a distance of 351.21 feet to the east line of said 4.1469 acre tract and the north corner of the herein described tract; THENCE, along the east line of said 4.1469 acre tract, South 25 degrees 50 minutes 25 seconds East a distance of 14.52 feet to the east corner of said 4.1469 acre tract; THENCE, along the southeast line of said 4.1469 acre tract, South 50 degrees 37 minutes 15 seconds West a distance of 330.75 feet to the north line of aforesaid 26.58 acre tract and the southeast corner of said 4.1469 acre tract; THENCE,along the north line of said 26.58 acre tract and the south line of said 4.1469 acre tract, South 87 degrees 15 minutes 09 seconds West a distance of 21.25 feet to the POINT OF BEGINNING and containing 0.10 acres of land. All Title information was provided by Wood Group Mustang, Inc. (formerly Mustang Engineering,L.P.) Distances are grid distances. Bearings based on the Texas Coordinate System, South Central Zone, NAD83. All bearings and coordinates were determined from GPS Observations. Metes and bounds and survey plat were prepared from a survey made on the ground in July 2012 thru November 2012. Survey plat prepared b separate document Exhibit"A". .OF tF /3 ,tQ:`tiC'tASTFHF�9 L3r e' TV O ;LSD STEVEN J. BETZ •-c• 5055 < ''R o' Q Ste n . etz ss'..::'O tir'Sijy Regis Professional Land S yor 55 Compiled by: Wood Group Mustang,Inc. (formerly Mustang Engineering,L.P.) 16001 Park Ten Place Houston,Texas 77084 (713)215-8000 May 7,2013 Job No.20160(Seaway Spread 5) PAGE 1 OF 1 BRAZORIA COUNTY, TEXAS R.B. LYLE SURVEY, A-542 11- H.T. & B. RAILROAD CO. SURVEY, A-232 EXHIBIT "A" McE{p RD ROAD __`� (iX-80-011210001) JOHN WARD WILLIAMS FAMILY TRUST x 1 :4.4f Rr REMAINDER OF 53.58 ACRES VOL. 752, PG. 405 D.R.B.C.T. e 1- = 60' r j •;:;� ADDITIONAL A r �.. TEMPORARY 0 m `t0• Tit WORK SPACE •., 1 c •ik, O ; \ -es 0TX-BO-0112001000� c ��C1111C S 25514.052'25' - E Z CITY OF PEARLAND ; '1�� 4.1469 ACRES r- C.F. NO. 2005062987 m O.R.B.C.T. 1 43,E s 1h d� P.O.C. g� FND. 1/2- I.R. a �_�-!3 SW COR. 4.1469 ACRES 1_-----i----- ,4 dTZ8T15'09 E8T15'09' W403.79' 21.25' 3P.O.B. (11X-BO-0114.00001� MONTALBANO LUMBER CO., INC. REMAINDER OF 26.58 ACRES VOL 1487, PG. 688 STEVEN D.R.B.C.T. R D PROFESSIONAL LAND SU O NO. 50 METES AND BOUNDS PREPARED BY SEPARATE DOCUMENT DISTANCES SHOWN HEREON ARE GRID DISTANCES. BEARINGS BASED ON TEXAS COORDINATE SYSTEM, NAD 83, SOUTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. WOOD GROUP MUSTANG, INC. 16001 PARK TEN PLACE, HOUSTON, TX 77084 I PERMANENT EASEMENT (0.10 AC.) 713-215-8000 \\\\TEMPORARY WORK SPACE (0.45 AC.) ::-Son•:_::! ADDITIONAL TEMPORARY WORK SPACE (0.01 AC.) 4.. WoodGroupMustang,Inc. FORMERLY MUSTANG E\GNEERING,L.P !►Seaway SEAWAY CRUDE PIPELINE COMPANY LLC Crude' CITY OF PEARLAND SHIRT DF 1 1 DRAWN BY CHECKED BY APPROVED BY REVISION DATE DRAWING NUMBER EFG SR SJB DATE 05/07/13 NO. 1 09/05/12 TX-B0-0112.00100 FILED and RECORDED Instrument Number: 2013032117 Filing and Recording Date: 07/02/2013 01:32:52 PM Pages: 7 Recording Fee: $41.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. 6 4�.*'; s. Joyce Hudman, County Clerk r6.:t 46(. Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-juanita Seaway Loop Segment 5 2013032116 AGREEMENT Tract#: TX-BO-0130.00000 Total Pages: 9 AM TX-BO-0131.00000 �1111 I�iraNt'�7 4fh.���+ I �I+i�'t�k��:�I A�'r�tl«�I IA1I III TX-BO-0133 TX-BO-013 .00000 .00000 TX-BO-0134.00000 TX-BO-0135.00000 TX-BO-0136.00000 TX-BO-0137.00000 TX-BO-0138.00000 TX-BO-0139.00000 Brazoria County,Texas NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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. PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement"), dated the 24thday of June 2013,is between the City of Pearland,whose mailing address is 3519 Liberty Drive,Pearland,Texas,77581,(hereinafter referred to as"Grantor",whether one or more),and Seaway Crude Pipeline Company LLC,a Delaware limited liability company,with offices at 110(1 Louisiana,Suite 1000,Houston,Texas 77002 and mailing address for all correspondence to P.O. Box 4324, Attn: Land Dept., I louston,Texas 77210-4324,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 (S10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Grantor does hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee a non-exclusive fifty foot(50')wide free and unobstructed permanent easement in order to construct,operate and maintain one(1)pipeline, not to exceed'Thirty-Six inches(36")in nominal pipe diameter(the"Pipeline"),and any appurtenant facilities in,over, through,across,under,and along land owned by the Grantor,as more particularly described in Exhibit"A" attached hereto("the Permanent Easement"). Grantor does also hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee temporary workspace (and additional temporary workspace,if any),as more particularly described in Exhibit"A"attached hereto,in order to construct the Pipeline and any appurtenant facilities in, over, through, across, under, and along the property (the "Temporary Construction Easement"). The term of the Temporary Construction Easement shall be for a period to extend twelve(12)months from the date of construction commencement,which shall be deemed to have commenced upon . I lowever,if Grantee has completed its use of the Temporary Construction Easement prior to the twelve(12) month period,then the Temporary Construction Easement shall immediately terminate. All rights,duties and/or obligations arising by or under this Agreement shall only apply to the Temporary Construction Easement while same in effect. It is further agreed as follows: 1. The right to use the Easements 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, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of the Pipeline within the Permanent Easement,abandoning in place and removing at will, in whole or in part,the Pipeline,for the transportation of oil,oil products,crude petroleum,natural gas,gas liquids, liquefied minerals, or other mineral solutions, together with above- and below-ground appurtenances as may be necessary or desirable for the operation of the Pipeline,over,across,under and upon the Permanent Easement. 2. Grantee shall bury the Pipeline to a minimum depth of thirty-six inches(36")below the surface of the ground and any then existing drainage ditches,creeks and roads,except at those locations where rock is encountered,the Pipeline may be buried at a lesser depth. 3. Grantee shall have the right of ingress,egress,entry and access in, to, through,on,over,under,and across the Easements and where same intersect any public road or public right-of-way or other easement to which Grantee has the right to access and along any roads designated by Grantor,for any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it by this Agreement. Grantee shall promptly repair any damage to Grantor's roads caused by Grantee so as to maintain the roads in as good or better condition as existed prior to use by Grantee. 4. Grantee shall have the right to select the exact location of the Pipeline within the Permanent Easement. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the Pipeline and appurtenant facilities related to this pipeline project.To ensure that Grantor's property and surrounding properties are not adversely affected,Grantee's rights pursuant to this section, except for location of the Pipeline within the Permanent Easement, shall be subject to the review and approval of Grantor which said approval shall not be not be unreasonably withheld,conditioned or delayed by Grantor. 5. the consideration paid by Grantee in this Agreement includes the market value of the Easements,both permanent and temporary,any and all damages to the Grantor's remaining property and for reasonably anticipated damages caused to the surface of Grantor's lands within the Easements during the initial construction of the Pipeline and related facilities. The initial consideration does not cover any damages, which may accrue to Grantor's other lands, the Permanent Easement from time to time by reason of the operation,maintenance,repair,alteration and/or servicing of the Pipeline or any other damages incurred from time to time as hereinafter more specifically set forth. Grantee shall pay Grantor for any and all other such reasonable damages promptly as they may accrue. 6. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property,it will restore the surface to the condition in which it was in prior to the use of this Easement,as reasonably practicable,except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this Temporary Construction Easement.Grantee shall have the right to remove any fence which now crosses or may cross the Easements during initial construction of the Pipeline. Prior to cutting any fence,however,Grantee shall brace the existing fence to be cut adequately on both sides of the proposed cut by suitable II-braces to prevent the remainder of the fence from sagging. Before the fence wire is cut,it is to be attached to the posts in a manner that there will be no slackening of or damage to the wire. Each such wire gap is to be reinforced so as to be strong enough to prevent livestock from passing through same. Upon completion of initial construction operations,each wire gap will be removed and a permanent gate installed,which gate shall,to the extent reasonably practicable,be constructed out of similar or better grade materials than already used for existing gates on the property. Each entry and exit gate shall be securely closed and locked, except when Grantee or its authorized personnel are actually passing through same. 7. Grantor may use the Easements for any and all purposes not inconsistent with the purposes set forth in this Agreement. Grantor may not use any part of the Easements if such use may damage,destroy,injure,and/or interfere with Grantee's use of the Easements for the purposes for which the Easements are being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easements:(1)construct any temporary or permanent building or site improvements;(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 may interfere with the purposes for which this Agreement is being acquired may be placed, erected, installed or permitted upon the Easements without the written permission of Grantee. In the event the terms of this paragraph are violated,such violation shall be eliminated within a reasonable time following receipt of written notice from Grantee. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easements are conveyed. Any improvements,whether above or below ground,installed by Grantor subsequent to the date that Grantee acquires possession of the Easements, may be removed by Grantee without liability to Grantor for damages. Grantee acknowledges that the Permanent Easement will encroach into Grantor's future flood detention pond,and agrees that Grantor shall be allowed to use all or a portion of the area covered by the Permanent Easement for the construction of a maintenance berm to serve the future detention pond. 8. Grantee has the right to mow the Permanent Easement and to trim or cut down or eliminate trees or shrubbery,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 hazard thereto,and the right to remove or prevent the construction of, any and all buildings,structures,reservoirs or other obstructions on the Easements which,in the sole judgment of the Grantee,may endanger or interfere with the efficiency,safety,or convenient operation of the Pipeline and appurtenant facilities. All trees,brush and other debris caused by construction shall be burned and/or chipped and spread on the Permanent Easement or removed to an authorized disposal site. The method of disposal shall be selected by Grantee. 9. Grantor shall retain all the oil,gas,and other minerals in,on and under the Easements;provided,however,that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Easements,but it will be permitted to extract the oil and other minerals from and under the Easements by directional drilling and other means,so long as such activities do not damage,destroy,injure,and/or interfere with the Grantee's use of the Easements for the purposes for which the Easements are being sought by Grantee. 10. Grantee agrees to comply in all material respects,at its sole cost,with all applicable federal,state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. 11. Grantee will,insofar as reasonably practicable,level,re-grade,and reseed the ground disturbed by Grantee's use of the Easements and will maintain the Easements clean of all litter and trash during periods of construction,operation, maintenance,repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the Pipeline. 12. Grantee shall use the Easements solely for the purposes specified in this Agreement. 'There shall be no hunting or fishing on the Easements or any of Grantor's lands by Grantee,its officers,agents,employees,contractors,invitees, guests or representatives at any time. No firearms or fishing equipment shall be taken on the Easements by Grantee,its officers,agents,employees,contractors,invitees,guests or representatives at any time. 13. Cathodic protection test stations,if necessary for the operation of the Pipeline,as determined by Grantee,may be placed by Grantee at the junction of the Permanent Easement and the fence lines on Grantor's property. 14. This Agreement may be executed in several counterparts,each of which shall be an original of this Agreement but all of which,taken together,shall constitute one and the same Agreement and be binding upon the parties who executed any counterpart,regardless of whether it is executed by all parties named herein. 15. Grantee shall have the right to assign this grant in whole or in part,in which event Grantor acknowledges and agrees that the assignee shall succeed to the rights and obligations of Grantee to the extent conveyed in such assignment. 16. This Agreement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements,if any,concerning the subject of this Agreement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee(which is not expressed or referenced specifically within the Agreement) in executing this Agreement, that Grantor is not relying upon any statement or representation of 2 Grantee or any agent of Grantee and that Grantor's execution of this Agreement is free and voluntary;this Agreement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. To HAVE AND TO HOLD the rights,privileges and authority hereby granted unto the Grantee,its successors and assigns,forever,and Grantor does hereby agree to warrant and defend said Easements unto Grantee,its successors and assigns. This Agreement and all of its terms,provisions and obligations shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors,administrators,successors and assigns. [Intentionally Left Blank) 3 EXECUTED this 2 hday of_,TrtnP 2013. GRANTOR: CITY OF PEARLAND By Name: Bill Eisen Title: City Manager ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF Brazoria § This instrument was acknowledged before me on the 7 4 t h day of June 2013, by Bill Eisen City Manager of the City ofPearland. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24 day of une 2013. �j. 'lIJY�.Yl1.I.044.✓:440:••�,444,40, °tary Public in and for the State c, 'exas ••o MARIA E.RODRIGUEZ Maria E. Rodriguez ' Notary Public,State of Texas 1 (Print Name of Notary Public Here) ' My Commission Expires: k OF� 02/26r/2017 �l e..4.4.14,sto O PLEASE RETURN RECORDED ORIGINAL TO: Seaway Crude Pipeline Company LLC Attn:Documents 1110 NASA Parkway,Suite 300 Houston,TX 77058 4 • S3Uvtf1tiOR.=t A'eAN zsxeT to.3: d,311du9 ! . Sil nei z{mmc3 t;�+ � 44. EXHIBIT"B" Tx-BO-0130.00000 ET AL CITY OF PEARLAND METES AND BOUNDS DESCRIPTION PERMANENT EASEMENT Being a 1.19 acre tract of land out of the H.T. & B. Railroad Company Survey, Abstract 237 in Brazoria County,Texas,same being out of Lots 6 through 14,Block 1 in the Final Plat of Richter Oaks as recorded in Volume 21, Pages 79-80 of the Plat Records of Brazoria County, Texas, and as described in a deed recorded in Clerk's File Number 2002034502 of the Official Records of Brazoria County,Texas,said 1.19 acre tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found on the south line of said Richter Oaks, same being the northeast corner of Lot 45 in the plat of Corrigan North as recorded in Volume 15,Page 109 of the Plat Records of Brazoria County,Texas; THENCE, along the south line of said Richter Oaks and the north line of said Corrigan North, South 87 degrees 12 minutes 51 seconds West a distance of 283.09 feet to the southeast corner of the herein described tract and the POINT OF BEGINNING; THENCE,continuing along the south line of said Richter Oaks and the north line of said Corrigan North,South 87 degrees 12 minutes 51 seconds West a distance of 95.71 feet to the southwest corner of the herein described tract; THENCE, crossing said Richter Oaks (Lots 6 through 14) the following three (3) courses: 1. North 55 degrees 43 minutes 09 seconds East a distance of 99.13 feet to an angle point; 2. North 60 degrees 36 minutes 05 seconds East a distance of 101.41 feet to an angle point; 3. North 35 degrees 02 minutes 40 seconds East a distance of 902.12 feet to the east line of aforesaid Lot 6, same being the west right-of-way line of Woody Road for the north corner of the herein described tract; THENCE,along the east line of said Lot 6 and the west right-of-way line of said Woody Road, South 02 degrees 55 minutes 11 seconds East a distance of 81.28 feet to the south corner of the herein described tract; THENCE, crossing said Richter Oaks (Lots 6 through 14) the following three (3) courses: 1. South 35 degrees 02 minutes 40 seconds West a distance of 849.38 feet to an angle point; 2. South 60 degrees 36 minutes 05 seconds West a distance of 110.62 feet to an angle point; 3. South 55 degrees 43 minutes 09 seconds West a distance of 15.38 feet to the POINT OF BEGINNING and containing 1.19 acres of land. PAGE 1 OF 2 EXHIBIT"B" All Title information was provided by Wood Group Mustang, Inc. (formerly Mustang Engineering,L.P.) Distances are grid distances. Bearings based on the Texas Coordinate System, South Central Zone, NAD83. All bearings and coordinates were determined from GPS Observations. Metes and bounds and survey plat were prepared from a survey made on the ground in July 2012 thru November 2012. Survey plat prepared by separate document Exhibit"A". t�% F Te ...... !Y 4 COi Q' * STEVEN J. BETZ 'q 5055 sd ,IG .9y0 v - Stev Betz red Professional Land Su No. 55 Compiled by: Wood Group Mustang,Inc. (formerly Mustang Engineering,L.P.) 16001 Park Ten Place Houston,Texas 77084 (713)215-8000 May 7,2013 Job No.20160(Seaway Spread 5) PAGE 2 OF 2 BRAZORIA COUNTY, TEXAS H.T.& B. RAILROAD SURVEY, A-237 ii5- EXHIBIT "A" FND. 1/2- I.R. N 02'55'11- W I1r 55.28' DETAIL OA' �® /� TERMINAL 1- = 300' SO I I O 2 L CITY OF —L:`-_ - a PEARLAND =i"°h 7, I LOTS 1 THROUGH 14 h h' I C.F. NO. 2002034502 4) 0^ O,R.B.C.T. ' 12' DEDICATED FOR i ROAD WIDENING © O ® O r i N 60'36'05. E 1106.01' I € PROPOSED (1X-Bo-outo0ca) N 55'43'09' E ` .6'PIPEUNE CITY OF PEARLAND 57.25' I R 1.234 ACRES .—� VOL 1320, PG. 359 P.O.B. P.O.C. D.R.B.C.T. DETAIL 'B' FND. 1/2- I.R. NORTHEAST CORNER LOT 45 S 8712'S1' W CORRIGAN NORTH 330.95' VOL 15, PG. 109 P.R.B.C.T. I 5-7-'3 cl.J A�:,G,S Te9A STEVEN J. F3FTL TRACT TABLE �_z 5055 0 TX—BO-0130.00000: LOT 6 y Wiz' rvO,cs....,' — 20 TX—BO-0131.00000: LOT 7l1R\J 0 TX—BO-0132.00000: LOT 8 ��y ® TX—BO-0133.00000: LOT 9 ® TX—BO-0134.00000: LOT 10 ® TX—BO-0135.00000: LOT 11 0 TX—BO-0136.00000: LOT 12 STEVEN . ETZ ® TX—BO-0137.00000: LOT 13 REGISTE PROFESSIONAL LAND SU ® TX-80-0138.00000: LOT 14 N0-5 5 METE AND BOUNDS PREPARED BY SEPARATE DOCUMENT. DISTANCES SHOWN HEREON ARE GRID DISTANCES. BEARINGS BASED ON TEXAS COORDINATE SYSTEM, NAD 83, SOUTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. WOOD GROUP MUSTANG, INC. TOTAL LENGTH: 1039.01 FEET = 62.97 RODS 16001 PARK TEN PLACE, HOUSTON, TX 77084 713-215-8000 1 I PERMANENT EASEMENT (1.19 AC.) i////A TEMPORARY WORK SPACE (1.52 AC.) 4.__wood GroupMustang,Inc. gt:t:!Xt:t'� ADDITIONAL TEMPORARY WORK SPACE (0.80 AC.) FGPME PLY MUST,NG ENGINEERING LP Eg Se`�v‘'``' SEAWAY CRUDE PIPELINE COMPANY LLC Crude mar OF CITY OF PEARLAND 1 2 DRAWN BY CHECEED BY APPROVED HY REVISION DATE DRAWING NUMBER EFG SR SJB DATE 05/07/13 NO. 1 09/14/12 DC-BO-0130.00000 et al BRAZORIA COUNTY, TEXAS H.T.& B. RAILROAD SURVEY, A-237 EXHIBIT 'A' N 02'55'11. W 10111,- 14.64' ■:ouu■emu:!' 511:11:11::::5::::::5::4:................... SIN S+6.4:44 ilitilkhatir :. : ::: :0 0 i ssmi.........,. 0 i DETAIL A •••••••. N.T.S. : �� • OP p I 0 \ l''' a■::l ......... ..■.\ zJ. II •••••i' 41. 12' DEDICATED FOR •••••• ~ ?�" ROAD WIDENING el ST 4/ u■. �r Q u. ,�� �? uu■/ Q■•••■ .At:... /■.■■■ O ......\ Alf ......... 0 ° ...11. ............................................................................. �:/:::::::::::�� •/• +404.40- a\i", 00,•■uuQ ,5000 oil R ..U1I N 6T12'S1' W 4,/ 114' I 110 P.O.B. 263.09' P.O.C. • (PERMANENT EASE1*N1 DETAIL "B" N.T.S. 4._Wood GroupMustang,Inc. E� Seaway crude. SEAWAY CRUDE PIPELINE COMPANY LLC . .. ,. CITY OF PEARLAND SSEYf Oi2 2 DRAWN BY CHECKED BY APPROVED BY REVISION DATE DRAWING NUMBER EFG SR SJB °Ann 05/07/13 N0• 1 09/14/12 TX-190-0130.00000 et al FILED and RECORDED Instrument Number: 2013032116 Filing and Recording Date: 07/02/2013 01:32:52 PM Pages: 9 Recording Fee: $49.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. .e.7 i q 6.1.‘..A 4 4_4 4. 4 t 4. �w. ; . .....i h t i Rg. Joyce Hudman, CountyClerk r '" Y `.. r _:,i Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-juanita Seaway Loop Segment 5 Tract#s: TX-BO-0186.00170 Brazoria County,Texas 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 TEMPORARY ROAD ACCESS EASEMENT STATE OF TEXAS § § COUNTY OF BRAZORIA § This Road Access Easement (the "Easement"), dated the 2 4 t h day of June 2013,by and between City of Pearland,(hereinafter referred to as"Grantor",whether one or more), whose mailing address is 3519 Liberty Drive,Pearland,Texas, 77581, and Seaway Crude Pipeline Company LLC, a Delaware limited liability company, with offices at 1100 Louisiana, Suite 1000, Houston,Texas 77002 and mailing address for all correspondence to P.O. Box 4324,Attn: Land Dept., Houston,Texas 77210-4324, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the"Grantee"). For TEN DOLLARS (S10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Grantor does hereby GRANT,BARGAIN,SELL, TRANSFER and CONVEY to Grantee,subject to the terms and conditions stated herein,a non- exclusive right of entry and access in,to, through, on, over,under, and across Grantor's property along that certain road more particularly described on the attached Exhibit "A" (the "Access Road"). This Easement is provided for the sole purpose and non-exclusive use of Grantee and its employees,designees,contractors,successors and assigns,and all those acting by or on behalf of it, for the right of ingress, egress, entry and access in, to, through, on, over, and across Grantor's property along the Access Road. This Agreement and all of Grantee's rights hereunder shall terminate upon the completion of pipeline construction activities, but no longer than three (3) years from the date of execution herein. Upon the termination of this Agreement,Grantee shall have no further rights hereunder, and all improvements placed upon the property of Grantor by Grantee shall become the property of Grantor unless timely removed. Grantee agrees to promptly repair any and all damage done to the Access Road caused by the exercise of any rights granted hereby. Further,Grantee agrees to pay for any and all damage which may arise from the use of this Easement. Grantee understands that Grantor has not inspected the condition of the Access Road and surrounding properties. Grantee's right to enter the property and utilize the road is on an"AS IS" basis and at the sole risk of Grantee with respect to the condition of the property and the Access Road in its current condition,with all defects,if any. Grantee shall use the Easement solely for the purposes specified in this Easement. There shall be no hunting or fishing on the Easement or any of Grantor's lands by Grantee,its officers, agents, employees, contractors, invitees, guests or representatives at any time. No firearms or fishing equipment shall be taken on the Easement by Grantee, its officers, agents, employees, contractors,invitees,guests or representatives at any time. GRANTEE SHALL DEFEND, INDEMNIFY, PROTECT AND HOLD HARMLESS GRANTOR, GRANTOR'S HEIRS, SUCCESSORS,ASSIGNS, TRANSFEREES, EMPLOYEES, AGENTS, LESSEES, CONTRACTORS, SUBCONTRACTORS, AS WELL AS TRUSTEES, BENEFICIARIES, RELATIVES, PARTNERS, OFFICERS, DIRECTORS AND RELATED OR AFFILIATED ENTITIES FROM ANY AND ALL LIENS, CLAIMS, DEMANDS, COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, ACCOUNTANTS FEES, ENGINEER'S FEES, CONSULTANT'S FEES AND EXPERTS FEES), EXPENSES, DAMAGES,LOSSES AND CAUSES OF ACTION FOR DAMAGES BECAUSE OF INJURY TO PERSONS (INCLUDING DEATH)AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS ARISING FROM OR CAUSED BY THE ACTS AND/OR OMISSIONS OF GRANTEE. This Easement shall be binding upon and shall be for the benefit of the heirs, successors, representatives and assigns of Grantor and Grantee, whether assigned, devised or otherwise transferred in whole or in part by either party. All modifications to this Easement must be in writing and signed by both parties. TO HAVE AND TO HOLD the rights, privileges and authority hereby granted unto the Grantee,its successors and assigns, forever,and Grantor does hereby agree to warrant and defend said Easement unto Grantee, its successors and assigns. This Agreement and all of its terms, provisions and obligations shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators,successors and assigns. EXECUTED this 24thday of June 2013. GRANTOR: CITY OF PEARLAND By: Name: Bill Eisen Title: City Manager ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF Brazoria § This instrument was acknowledged before me on the 2 4 th day of June 2013,by Bill Eisen City Manager of the City of Pearland. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_yi_day of JimP 2013. �Kru; 4-c� • Notary Public in and for the State of exas Oo-RYN MARIA E.RODRIGUEZ Maria E. Rodriguez fi • . Notary Public,State of Texas (Print Name of Notary Public Here) It T4, My Commission Expires: ° � 02/26/2017 ti ldC�.ArN EXHIBIT"B" TX-BO-0186.00170 CITY OF PEARLAND METES AND BOUNDS DESCRIPTION TEMPORARY ACCESS EASEMENT Being a 0.33 of an acre tract of land out of the G.C. Smith Survey, Abstract 546 in Brazoria County, Texas, same being out of the a call 25.8561 acre tract of land as recorded in Clerk's File Number 2004005074 of the Official Records of Brazoria County, Texas,said 0.33 acre tract being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with a cap stamped "RAINWATER RPLS 4722" found on the east line of said 25.8561 acre tract, same being the west line of a 9.9424 acre tract of land know as a 200-foot wide Drainage R.O.W. and recorded in Volume 24,Page 164 of the Plat Records of Brazoria County,Texas; THENCE, crossing said 25.8561 acre tract, North 04 degrees 01 minutes 00 seconds West a distance of 243.41 feet to the northeast corner of the herein described tract and the POINT OF BEGINNING; THENCE,crossing said 25.8561 acre tract the following five(5)courses: 1. South 01 degrees 46 minutes 21 seconds East a distance of 243.25 feet to an angle point; 2. South 01 degrees 39 minutes 21 seconds East a distance of 265.48 feet to an angle point; 3. South 17 degrees 41 minutes 44 seconds East a distance of 24.01 feet to an angle point; 4. South 41 degrees 12 minutes 11 seconds East a distance of 14.48 feet to an angle point; 5. South 58 degrees 43 minutes 10 seconds East a distance of 11.56 feet to the east line of aforesaid 25.8561 acre tract,same being the west line of aforesaid 9.9424 acre tract for the east corner of the herein described tract; THENCE,along the east line of said 25.8561 acre tract and the west line of said 9.9424 acre tract, South 04 degrees 39 minutes 12 seconds East a distance of 27.42 feet to the south corner of the herein described tract; THENCE,crossing said 25.8561 acre tract the following seven(7)courses: 1. North 79 degrees 08 minutes 41 seconds West a distance of 8.01 feet to an angle point; 2. North 58 degrees 43 minutes 10 seconds West a distance of 24.00 feet to an angle point; 3. North 41 degrees 12 minutes 11 seconds West a distance of 23.54 feet to an angle point; 4. North 17 degrees 41 minutes 44 seconds West a distance of 32.73 feet to an angle point; 5. North 01 degrees 39 minutes 21 seconds West a distance of 268.98 feet to an angle point; PAGE 1 OF 2 �', Date EXHIBIT"B" 6. North 01 degrees 46 minutes 21 seconds West a distance of 243.23 feet to the northwest corner of the herein described tract; 7. North 88 degrees 13 minutes 39 seconds East a distance of 25.00 feet to the POINT OF BEGINNING and containing 0.33 acres of land. All Title information was provided by Wood Group Mustang, Inc. (formerly Mustang Engineering,L.P.) Distances are grid distances. Bearings based on the Texas Coordinate System, South Central Zone, NAD83. All bearings and coordinates were determined from GPS Observations. Metes and bounds and survey plat were prepared from a survey made on the ground in April 2013. Survey plat prepared by separate document Exhibit"A". 5-/3-i3 VEN .l. Bi=' \C. 5055 Cy:••:?FESSko::?O� vv StIRNJ Ste etz R gi ered Professional Land urve No 055 Compiled by. Wood Group Mustang,Inc. (formerly Mustang Engineering,L.P.) 16001 Park Ten Place Houston,Texas 77084 (713)215-8000 May 13,2013 Job No.20160(Seaway Spread 5) PAGE 2 OF 2 Initials Date BRAZORIA COUNTY, TEXAS G.C. SMITH SURVEY, A-546 EXHIBIT "A" P.O.B. E• OF PAVEMENT tI1egEltat{r/ i.^. . PA ENT 1 - 200' FND. 5/6" I.R. W/CAP 'RAINWATER RPLS 4722' € 25' MOE �T,<-eo medooan) TEMPORARY ACCESS PEARLAND DRAINAGE DISTRICT 14 EASEMENT 200' WOE DRAINAGE R.O.W. (SEE SHEET 2 OF 2) i 9.9424 ACRES VOL 23. PG. 329-330 P.R.B.C.T. AMENDED VOL 24. PGS. 164-165 P.R.B.C.T. O(-60-0188.00171� CITY OF PEARLAND TERMINAL 25.8561 ACRES POINT C.F. NO. 2004005074 0.P.R.B.C.T. FND. 5/5' I.R.W/CAP 'RAINWATER RPLS 4722' 3-13 �F• �•TF Yi. a r44 STEVEN J. BETZ v.c •:.q 5055 4;• •Fss,o.._0. (n-6D-611d000.3.) PEARLAND DRAINAGE DISTRICT 14 200' WOE DRAINAGE R.O.W. 9.9424 ACRES VOL 23, PG. 329-330 STEVEN P.R.B.C.T. REGI D PROFESSIONAL LAND AMENDED N . 5 VOL 24, PGS. 164-165 P.R.B.C.T. METES AND BOUNDS DESCRIPTION PREPARED BY SEPARATE DOCUMENT. DISTANCES SHOWN HEREON ARE GRID DISTANCES. BEARINGS BASED ON TEXAS COORDINATE SYSTEM, NAD 83, SOUTH CENTRAL ZONE. DERIVED FROM GPS OBSERVATIONS. WOOD GROUP MUSTANG. INC. 16001 PARK TEN PLACE, HOUSTON. TX 77084 713-215-8000 TOTAL LENGTH: 579.97 FEET .• 35.15 RODS Wood GroupMustang,Inc. TEMPORARY ACCESS EASEMENT (0.33 AC.) FOR.IEFLY t iuSTAnG EMOMEEa<N ,14 SEAWAY CRUDE PIPELINE COMPANY LLC HUM OP CITY OF PEARLAND 1 2 DRAWN HY ICHECI3D BY IAPPROYRD BY I RRYDEON DATE DRAWING NUMBIR JL SR SJB DATz 05/13/13 I ND• 1 ' 04/12/13 TX—BO-0186.00170 Initials n+a. BRAZORIA COUNTY, TEXAS G.C. SMITH SURVEY, A-546 EXHIBIT "A" P.O.B. CENTERLINE P.• = ACCESS EASEMENT MAGNOLIA DRIVE I I 'X Irn I cot O 1� I ,N E 25' MEI 1 I IN 7EMPORAREASEMENTY ACCESS \ P.O.C. nro. 5/8'I.R. W/CAP 'RAINWATER RPLS 4722' I I I po © I LINE TABLE I 1. S 01'46'21" E - 243.24' 2. S 01'39'21" E - 267.23' 3. S 17'41'44" E - 28.37' I 4. S 41'12'11" E - 19.01' 125•� 5. S 58'43'10" E - 19.82' 125 6. S 79'08'41" E - 2.30' I I I \ 0 TERMINAL POINT O© N 0 +w 0 N DETAIL "A" N.T.S. FWD. 5/8' I.R. W/CAP NARRATER RPLS 4722' I Wood Group Mustang,Inc. FOp.ERLY AR15TMIO EP PA CMG.LP. c Lte` ` ` SEAWAY CRUDE PIPELINE COMPANY LLC CITY OF PEARLAND 2 2 DRAWING NUMBER DAA4N BY CffiLTED BY I APPROVED BY REVISION DATE JL I SR SJB IDAI 05/13/13INO. 1 I 04/12/13 TX—B0-0186.00170 Initials natD EXECUTED this 24thday of June 2013. GRANTOR: CITY OF PEARLAND By:_______0214XZ112-*./C—,-. Name:Bill Ei sPn Tide: City Manager ACKNOWLEDGEMENT STATE OF TEXAS S S COUNTY OF Brazoria S This instrument was acknowledged before me on the 24th day of June 2013, by Bill Eisen , City Manager of the city ofPearland. GIVEN UNDER MY IIAND AND SEAL OF OFFICE.this 24_day of June . 21113. fl.Ill:44440 14,4 /YYldC0: 11 1% .►tr•� MARI 4, N A E.RODRIGUEZ Notary Public in and For the State of Tex ,� y otary Public,State of Texas ti ,,forts. � My Commission Expires: Maria E. Rodriguez Q2�2t)�2 7 ll1l (Print Name of Notary Public I Jere) PLEASE RETURN RECORDED ORIGINAL TO: Seaway Crude Pipeline Company LLC Attn:Documents 1110 NASA Parkway,Suite 300 Houston,TX 77058 4 2013032115 AGREEMENT Total Pages: 9 AM •III Nil Faitii;t?41%fril 11'.rMIL101l 11111 Seaway Loop Segment 5 Tract#: TX-BO-0188.00000 Brazorla County,Texas NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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. PERMANENT EASEMENT AGREEMENT This Permanent Easement .Agreement (the "Agreement"), dated the 24thday of June 2013,is between the City of Pearland,whose mailing address is 3519 Liberty Drive,Pearland,Texas,77581,(hereinafter referred to as"Grantor",whether one or more),and Seaway Crude Pipeline Company LLC,a Delaware limited liability company,with offices at 1100 Louisiana,Suite 1000,Houston,Texas 77002 and mailing address for all correspondence to P.O. Box 4324,Attn: Land Dept.,Houston,Texas 77210-4324,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 (Si0.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Grantor does hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee a non-exclusive fifty foot(50)wide free and unobstructed permanent easement in order to construct,operate and maintain one(1)pipeline, not to exceed Thirty-Six inches(36")in nominal pipe diameter(the"Pipeline"),and any appurtenant facilities in,over, through,across,under,and along land owned by the Grantor,as more particularly described in Exhibit"A" attached hereto("the Permanent Easement'). Grantor does also hereby GRANT, BARGAIN,SELL and CONVEY unto Grantee temporary workspace (and additional temporary workspace,if any),as more particularly described in Exhibit"A"attached hereto,in order to construct the Pipeline and any appurtenant facilities in, over, through, across, under, and along the property (the "Temporary Construction Easement"). The term of the Temporary Construction Easement shall be for a period to extend twelve(12)months from the date of construction commencement,which shall be deemed to have commenced upon . I Iowever,if Grantee has completed its use of the Temporary Construction Easement prior to the twelve(12)month period,then the Temporary Construction Easement shall immediately terminate. All rights,duties and/or obligations arising by or under this Agreement shall only apply to the Temporary Construction Easement while same in effect. it is further agreed as follows: 1. The right to use the Easements 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, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of the Pipeline within the Permanent Easement,abandoning in place and removing at will, in whole or in part,the Pipeline, for the transportation of oil,oil products,crude petroleum,natural gas,gas liquids, liquefied minerals, or other mineral solutions, together with above- and below-ground appurtenances as may be necessary or desirable for the operation of the l'ipeline,over,across,under and upon the Permanent Easement. 2. Grantee shall bury the Pipeline to a minimum depth of thirty-six inches(36)below the surface of the ground and any then existing drainage ditches,creeks and roads,except at those locations where rock is encountered,the Pipeline may be buried at a lesser depth. 3. Grantee shall have the right of ingress,egress,entry and access in, to,through,on,over,under,and across the Easements and where same intersect any public road or public right-of-way or other easement to which Grantee has the right to access and along any roads designated by Grantor,for any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it by this Agreement. Grantee shall promptly repair any damage to Grantor's roads caused by Grantee so as to maintain the roads in as good or better condition as existed prior to use by G rantee. 4. Grantee shall have the right to select the exact location of the Pipeline within the Permanent Easement. Further, Grantee shall have the right to construct,maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the Pipeline and appurtenant facilities related to this pipeline project.To ensure that Grantor's property and surrounding properties are not adversely affected,Grantee's rights pursuant to this section, except for location of the l'ipeline within the Permanent Easement, shall be subject to the review and approval of Grantor which said approval shall not be not be unreasonably withheld,conditioned or delayed by Grantor. 5. the consideration paid by Grantee in this Agreement includes the market value of the Easements,both permanent and temporary,any and all damages to the Grantor's remaining property and for reasonably anticipated damages caused to the surface of Grantor's lands within the Easements during the initial construction of the Pipeline and related facilities. The initial consideration does not cover any damages, which may accrue to Grantor's other lands, the Permanent Easement from time to time by reason of the operation,maintenance,repair,alteration and/or servicing of the Pipeline or any other damages incurred from time to time as hereinafter more specifically set forth. Grantee shall pay Grantor for any and all other such reasonable damages promptly as they may accrue. 6. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property,it will restore the surface to the condition in which it was in prior to the use of this Easement,as reasonably practicable,except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this Temporary Construction Easement.Grantee shall have the right to remove any fence which now crosses or may cross the Easements during initial construction of the Pipeline. 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[Intentionally Left Blankj 3 EXECUTED this 24thdayof June 2013. GRANTOR: CITY OF PEARLAND By: Name: Bi 11 Eisen Title: City Manager ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF Brazoria This instrument was acknowledged before me on the 2 41-h day of ,Tt rn P 2013, by Bill Eisen , City Manager of the City ofPearland. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24 day of June 2013. Notary Public in and for the State of xas ?✓Vfl WA1000604044140:440 Maria E. Rodriguez 6,►ar•`4, MARIA E.RODRIGUEZ (Print Name of Notary Public Here) . Notary Public,State of Texas k ,fo'�/ My Commission Expires: k 02/26/2017 PLEASE RETURN RECORDED ORIGINAL TO: Seaway Crude Pipeline Company LLC Attn:Documents 1110 NASA Parkway,Suite 300 Houston,TX 77058 4 EXHIBIT"B" TX-BO-0 188.00000 CITY OF PEARLAND METES AND BOUNDS DESCRIPTION PERMANENT EASEMENT Being a 1.01 acre tract of land out of the George C. Smith Survey, Abstract 546 in Brazoria County, Texas, same being out of a 3.7841 acre tract of land as recorded in Volume 23, Page 329 and amended in Volume 24, Page 164 of the Plat Records of Brazoria County,Texas,said 1.01 acre tract being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found for an interior corner of said 3.7841 acre tract, same being the northwest corner of a call 16.305 acre tract of land as recorded in Clerk's File Number 20100017400 of the Official Records of Brazoria County,Texas; THENCE, along an east line of said 3.7841 acre tract and the west line of said 16.305 acre tract, South 02 degrees 37 minutes 24 seconds East a distance of 46.07 feet to the southeast corner of said 3.7841 acre tract, same being the northeast corner of Reserve "D" in Cypress Village Section Two as recorded in Volume 24, Page 236 of the Map Records of Brazoria County,Texas; THENCE, along the south line of said 3.7841 acre tract and the north line of said Reserve"D", South 87 degrees 10 minutes 16 seconds West a distance of 14.31 feet to the southeast corner of the herein described tract and the POINT OF BEGINNING; THENCE,continuing along the south line of said 3.7841 acre tract and the north line of said Reserve"D", South 87 degrees 10 minutes 16 seconds West a distance of 61.97 feet to the southwest corner of the herein described tract; THENCE,crossing said 3.7841 acre tract,North 33 degrees 22 minutes 37 seconds East a distance of 24.71 feet to the west line of said 3.7841 acre tract; THENCE, along the west line of said 3.7841 acre tract, 249.54 feet along the arc of a curve to the left having a radius of 222.50 feet, a central angle of 64 degrees 15 minutes 27 seconds, and a chord that bears North 28 degrees 36 minutes 36 seconds East a distance of 236.66 feet; THENCE,crossing said 3.7841 acre tract,North 27 degrees 29 minutes 50 seconds East a distance of 741.00 feet to the north line of said 3.7841 acre tract,same being the south right-of-way line of Summit Drive for the northwest corner of the herein described tract; THENCE, along the north line of said 3.7841 acre tract and the south right-of-way line of said Summit Drive the following three(3)courses: 1. 10.80 feet along the arc of a curve to the left having a radius of 2,466.97 feet,a central angle of 00 degrees 15 minutes 03 seconds,and a chord that bears North 81 degrees 03 minutes 26 seconds East a distance of 10.80 feet; 2. 15.97 feet along the arc of a curve to the right having a radius of 25.00 feet,a central angle of 36 degrees 36 minutes 13 seconds,and a chord that bears South 81 degrees 10 minutes 14 seconds East a distance of 15.70 feet; 3. South 62 degrees 03 minutes 17 seconds East a distance of 26.44 feet for the northeast corner of the herein described tract; PAGE I OF 2 EXHIBIT"B" THENCE,crossing aforesaid 3.7841 acre tract,South 27 degrees 29 minutes 50 seconds West a distance of 597.12 feet to the southeast line of said 3.7841 acre tract; THENCE,along the southeast line of said 3.7841 acre, South 28 degrees 51 minutes 48 seconds West a distance of 144.40 feet; THENCE,continuing along the southeast line of said 3.7841 acre, South 12 degrees 11 minutes 58 seconds West a distance of 13.05 feet; THENCE,crossing said 3.7841 acre tract,South 27 degrees 30 minutes 26 seconds West a distance of 172.67 feet to a south line of said 3.7841 acre tract and the north line of aforesaid 16.305 acre tract; THENCE, along a south line of said 3.7841 acre tract and the north line of said 16.305 acre tract,South 87 degrees 21 minutes 35 seconds West a distance of 16.62 feet to a 5/8" iron rod found for an interior corner of said 3.7841 acre tract, same being the northwest corner said 16.305 acre tract; THENCE, along an east line of said 3.7841 acre tract and the west line of said 16.305 acre tract,South 02 degrees 37 minutes 24 seconds East a distance of 26.42 feet; THENCE,crossing said 3.7841 acre tract,South 33 degrees 22 minutes 37 seconds West a distance of 24.35 feet to the POINT OF BEGINNING and containing 1.01 acres of land. All Title information was provided by Wood Group Mustang, Inc. (formerly Mustang Engineering,L.P.) Distances are grid distances. Bearings based on the Texas Coordinate System, South Central Zone, NAD83. All bearings and coordinates were determined from GPS Observations. Metes and bounds and survey plat were prepared from a survey made on the ground in July 2012 thru November 2012. Survey plat prepared by separate document Exhibit"A". !��OFTe �,- /� /3 • '�1Sr . { ', / • STEVEN J. BETZ • `y,90 C05 Or Stev etz Regist Professional Land Su e o N . 5 Compiled by: Wood Group Mustang,Inc. (formerly Mustang Engineering,L.P.) 16001 Park Ten Place Houston,Texas 77084 (713)215-8000 May 7,2013 Job No.20160(Seaway Spread 5) PAGE 2 OF 2 BRAZORIA COUNTY, TEXAS GEORGE C. SMITH SURVEY, A-546 Ii--. EXHIBIT "A" TERMINAL POINT �` O FND. 5/8" IR W/CAP 'RAINWATER RPLS 4722" %-BO m8800001� -� Lor 1 soM;,RAI a� CITY OF PEARLAND 3.7841 ACRES QC LOT 2 4, 1" = 200' VOL 23, PG. 329-330 i, P.R.B.C.T. ' LOT 3 AMENDED VOL. 24, PGS. 164-165 �r LOT 4 P.R.B.C.T. c m € PROPOSED 0 c LOT s 36" PIPELINE / }� LOT 6 BLOCK 3 - 4/ LOT 7'' i�01�00031l� o CYPRESS VILLAGE 200' WIDE DRAINAGE R.O.W. LOT 8 SECTION ONE ry 9.9424 ACRES VOL 23. PGS. 329-330 VOL 23, PG. 329-330 ,d LOT 9 P.R.B.C.T. P.R.B.C.T. cd 2 AMENDED AMENDED LOT 10 VOL 24, PGS. 164-165 VOL. 24, PGS. 164-165 P.R.B.C.T. P.R.B.C.T. LOT 11 POINT OF LOT 2 RE-ENTRY UNE TABLE O 1. S 02'37'24" E - 46.07'-TIE LOT 13 2. S 87'10'16" W - 57.81'-TIE _ 3. N 33'22'54" E - 17.66' g PROPOSED POINT 3 // LOT 14 RESERVE"K" 4. N 2T26'30' E - 153.10' 36" PIPELINE E1aT �f 5. N 28'26'16" E - 185.45' N33"22'54"E 6. S 62'03'17" E - 31.19'-TIE 50.15' \ RESERVE"L" `gh P.O.C. CURVE DATA FND. 5/8" I.R. 7. L=5.53', P.O.B. 2 A=12'40'54" R=25.00'. (x0189.0004 16.305 ACRES CB=N69'36'11'W BRAZORIA COUNTY MUNICIPAL C.F. NO. 2010017400 CD=5.52' UTILITY DISTRICT NO. 19 O.R.B.C.T. RESERVE "D" C.F. NO. 2005052781 O.R.B.C.T. 4r ,...-- t ' I,��:GISTpq l�4 a tom:<'' C:CI14 I. 4 STa, BETZ STEVF_N J. BETZ R ' " D PROFESSIONAL LAND -•RVEYOR '4do 5055 ` NO. 055 11' c5S1 ;y'O / ••O. Uiivti). Mr S AND BOUNDS PREPARED BY SEPARATE ••,ni DOCUMENT. DISTANCES SHOWN HEREON ARE GRID DISTANCES. BEARINGS BASED ON TEXAS COORDINATE SYSTEM. NAD 83, SOUTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. WOOD GROUP MUSTANG, INC. TOTAL16001 PARK TEN PLACE, HOUSTON, TX 77084 LENGTH: 833.26 FEET = 50.50 RODS 713-215-8000 1 I PERMANENT EASEMENT (1.01 AC.) \\\\ TEMPORARY WORK SPACE (0.57 AC.) Wood Group Mustang,Inc. RIV:,'i��i4 ADDITIONAL TEMPORARY WORK SPACE (1.69 AC.) ok.. F'OPMEPA`,MUSTMIGE NONE(PING.L.P #►Seaway SEAWAY CRUDE PIPELINE COMPANY LLC Crude mar OF CITY OF PEARLAND 1 2 DRAWN BY CBRCICED BY APPROVED BY REVISION DATE DRAWING NUMBER MPG SR SJB DATE 05/07/13 NO. 2 09/24/12 TX-BO-0188.00000 BRAZORIA COUNTY, TEXAS GEORGE C. SMITH SURVEY, A-546 EXHIBIT "A" 19' �y • S&iP' MM ,•••�t••r I 0000 0000000 Attt ItIllt fAttlittNittestV tt• 1 4 TEMPORARY WORK SPACE �. N 27'29'50.E •�i r TEMPORARY A i AD0ITWORK SPACE ARY WORK SPACE P.O.C. 27.29' -,00 •\ N 3372'37.E TEMPORARY WORK SPACE 45.14' 14.31' N 3372'37-E P.O.B. DETAIL "A" (PERMANENT EASEMENT) N.T.S. 4.._Wood Group Mustang,Inc. iORMENLY ANS TANG ENGINEEPoNG.l.P C► -` , "1 `' SEAWAY CRUDE PIPELINE COMPANY LLC CITY OF PEARLAND SKEET OF 2 2 DRAWN BY CHECKED BY APPROVED BY REVISION ,DATE DRAWING NUMBER MPG SR SJB DATE 05/07/13 NO. 2 09/24/12 TX—B0-0188.00000 FILED and RECORDED Instrument Number: 2013032115 Filing and Recording Date: 07/02/2013 01:32:52 PM Pages: 9 Recording Fee: $49.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. `srIs of?A, ceepj ,,,,;S. (7 driA4,-.4..... ir,.!��.,-R: Joyce Hudman, County Clerk Brazoria County, Texas _qF ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-juanita