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Wellsite-ES080205 DFW to AP Pad Tract Number; 006.00 RIGHT OF WAY AGREEMENT THE STATE OF TEXAS THE COUNTY OF DALLAS For and in consideration of TEN Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, the undersigned DALLAS COUNTY COMMUNITIY COLLEGE DISTRICT (hereinafter called GRANTOR, whether one or more) does hereby GRANT, BARGAIN, and CONVEY TO TEXAS MIDSTREAM GAS SERVICES, LLC, P.O. Box 18162, Oklahoma City, OK 73154 - 0162, its successors and assigns (hereinafter called GRANTEE), right -of -way and easement (the "Easement ") along a route, (the location of the pipelines to evidence such a route) over, along, across and under the following real estate situated in Dallas County, Texas: See Exhibit "A" attached hereto and incorporated herein for all purposes. The Easement granted herein is for the purpose of laying, constructing, reconstructing, operating, maintaining, protecting, inspecting, repairing, altering, changing the size of, and removing or abandoning in place, one (1) pipeline for the transportation of oil, gas, petroleum products, fresh water, saltwater, or any other liquids, gases (including inert gases) or substances which can be transported through pipelines together with any and all necessary above ground and underground appurtenances (including, among other things, such valves, fittings, meters, risers, graphite and steel anodes, and other devices for the control of pipeline corrosion, and other appurtenances) that GRANTEE may determine to be necessary or convenient for the safe and efficient operation of the pipelines, over, under, upon and across the land described in Exhibit A. The Easement herein granted is exclusive to the GRANTEE. The Easement shall be one - hundred feet (80') in width during construction of the pipelines provided for herein and will revert to a permanent Easement Thirty feet (30') in width after completion of construction. Page 1 of 4 Zoo Lj saTt3LJV ssau DSQ 6Z6L099ZL6 1177d 95:9T 5O0Z /LZ /ZO DFWtoAPPad Tract Number: 006.00 GRANTOR hereby reserves the right to use said land in any manner that will not prevent nor interfere with the exercise by GRANTEE of its rights hereunder; provided, however, that GRANTOR shall not construct nor permit to be constructed, any house, building or any other structure on the easement area or other facility constructed by GRANTEE hereunder without prior, written consent of the GRANTEE. GRANTOR herein agrees not to change the grade of the surface over such pipelines. in addition, GRANTEE shall have all of the rights and benefits necessary and convenient for the full enjoyment and use of the rights herein granted, including, but not limited to, the right of ingress to and egress over and across said lands to and from said Easement and the right from time to time to cut all trees, undergrowth, and the other obstructions that, in its judgment, may injure, endanger or interfere with the exercise by GRANTEE of the rights, privileges and Easement herein granted. The GRANTEE shall have the right to assign the grant, or any rights herein granted, in whole or in part. GRANTOR hereby expressly agrees that in the event the route of the pipelines to be constructed hereunder should cross any roads, railroads, creeks, or other waterways located on the above described land or other places requiring extra work space, or if the rights granted to GRANTEE hereunder require extra work space, then GRANTEE shall have the right and temporary access to additional working space which may be necessary therefor, and GRANTEE agrees to pay GRANTOR any and all damages which GRANTOR suffers by reason of GRANTEE'S use of said additional work space. GRANTEE agrees that should more pipelines be constructed and laid after the installation and construction of said one (1) pipeline, GRANTEE shall then pay GRANTOR Fifty dollars and No /100 cents ($50.00) per rod for each additional line so constructed and laid, in addition to the damages provided for elsewhere in this agreement. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the rights and Easement herein granted, or any one of there, shall be used by or useful to GRANTEE for the purposes herein granted. GRANTOR hereby binds GRANTOR and GRANTOR'S heirs, executors, administrators, successors and assigns to warrant and forever defend the rights and Easement granted herein unto the GRANTEE, its successors and assigns, against every person whomever lawfully claiming or to claim the same or any part thereof. Page 2 of 4 COOT] sipj:jv ssauisng ;DSO 67,6L098ZL6 XVd 85:9I 800c /Lc /g0 • DPW to AP Pad Tract Number: 006.00 GRANTEE covenants and agrees that the pipelines will be buried to a minimum depth of thirty -six inches (36 ") below grade and to pay for any physical damage to g growing craps, timber, fences, or other structural improvements caused by GRANTEE'S exercise of its rights granted herein and conduct of its operations on the Easement_ It is understood and agreed that the consideration herein paid does include payment of the initial construction, crop, timber and land surface damages. It is agreed that this grant covers all the agreements between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms of this Agreement. This Agreement is subject to that certain letter agreement, dated January 22, 2008, between Grantor and Grantee. IN TESTIMONY WHEREOF, the GRANTOR herein has executed this conveyance this day of February, 2008. GRANTOR: DALLAS COUNTY COMMUNITY COLLEGE DISTRICT 1 : 1 ,., Narne: Wright L. Lassiter, Ir. Title: Chancellor Page 3 of 4 1 saTnJJV ssauTsne DSQ U61.0997,1,6 v3 ti9 Ai GOOZ /Lgi t7 DFw to AP Pad Tract Number: 005,00 GRANTEE covenants and agrees that the pipelines will be buried to a minimum depth of thirty -six inches (36 ") below grade and to pay for any physical damage to growing crops, timber, fences, or other structural improvements caused by GRANTEE'S exercise of its rights granted herein and conduct of its operations on the Easement. It is understood and agreed that the consideration herein paid does include payment of the initial construction, crop, timber and land surface damages. It is agreed that this grant covers all the agreements between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms of this Agreement, This Agreement is subject to that certain letter agreement, dated January 22, 2008, between Grantor and Grantee. IN TESTIMONY WHEREOF, the GRANTOR herein has executed this conveyance this day of February, 2008. GRANTOR: DALLAS C flUNTY COMMUNIFY COLLEGE DLSTRTCT 400 } Narrtte: �>i L. L assi� te, J r. Tntlea Cr/ ance la Page 3 of 4 1 Zi saTexpr SSc3tITSng JSQ 6c6LO087L6 Y.Vd 62 :AT 800g/L7,17.0 EXHIBIT "A" ,,,,,,, KI W. SANDY LAKE RD. ^ry PERMANENT RIGHT -OF -WAY A DEDICATION �P CITY OF COPPELL, TEXAS �• VOL. 2005139, PG. 438 4. DALLAS COUNTY COMM. COLLEGE DISTRICT AC) '' �► F A 968. P �`1 Jay BLOCK 2, LOT 2 0J J� DFAP- 006.00 VOL 2005146 PG. 6788 41 G O to. J IP HOUGHTON PROPERTIES LTD SECURE LOCK BLOCK A, LOT 1 PRIMERA COPPELL PP11E 111 DFAP- 005.00 FREEPORT NORTH VOL 2003106 PG. 13485 BLK 2, LT 1 VOL 97242 PG. 2647 6, O S r E , pF q, , . ° , ? ` V ' 1 BASIS OF BEARING: THE SOUTHERLY LINE OF THAT PARCEL OF LAND AS DESCRIBED `y •` , 5896 AS LOT 2, BLOCK 2, FREEPORT NORTH AS DESCRIBED IN VOLUME 2005146 AT PAGE • (. ESS1 � 6788 IN THE DALLAS COUNTY RECORDS BEARS N89'41'18 "E (GRID) IN THE STATE �, ,,,,c( 4 OF TEXAS NORTH CENTRAL 4202 ZONE. V: \52871 \ ACTIVE\ 187107355 \DRAWING \EXHIBITS \07355_251 _DFW_AP \WORKING \07355_251 _EXHIBIT_006.00.DWG TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING DFAP- 006.00 DALLAS CTY. COMM. COLLEGE DIST. TRAC COUNTY OF DALLAS, STATE TEXAS : L ..i gi l � DFW AP PAD ROUTE DOWNTOWN DESIGN SERVICES, INC. 92/20/0: JMM REVISE EASEMENT DRAV.N JDM 09/10/07 SCALE: 1 —200' 12/28/0 JDM REVISE EASEMENT CHECKED ED SA 09/10/07 Stantec Consulting Inc. 0 100 200 2000 S Colorado Blvd 12/21/0 SCO REVISE EASEMENT PROJECT !II I 6111 111 1 2 -300 ENGINEER Denver, CO 80222 12/20/0. JMM REVISE PROPERTY UNE SECTION Tel. 303.758.4058 READ Santa Fax. 303.758.4 DATE BY DESCRIPTION ww r.etantec . com 828 APPROVED SHEET 1 OF 4 EXHIBIT "A" I ,vim POINT -OF ___ COMMENCEMENT S61'45'09 "W W. SANDY LAKE RD. 48.82, : . — • N61'45'09 "E // 1��' 73 / POINT OF S 4) � \ / / BEGINNING cb ` . / N37'41'03 "E �^j / /— 4 318.41' .,. / A t N42'15'29 "E A t // y 87 78' 4 / PERMANENT RIGHT —OF —WAY / DEDICATION / CITY OF COPPELL, TEXAS — / VOL. 2005139, PG. 438 / / S42'15'29 "W ,, 40 // 87.78' P .A1 J (�,'� // PERMANENT o f J am` vo , // EASEMENT DALLAS COUNTY COMM. COLLEGE DISTRICT 5 ,�N. / 40,991 SF FREEPORT NORTH 1 A / 0.941 AC± A 968, TR. 10 ,s4, �� 50' TEMPORARY BLOCK 2, LOT 2 / // WORKSPACE DFAP- 006.00 ,� / VOL. 2005146 PG. 6788 L D / A''. // p O Obi ^ // ADDITIONAL � ids , ` , WORKSPACE � SJ ��� // N00'25'30 "W / 74.07' / " 15' UTILITY ESMT PRIMERA COPPELL 4 I VOL. 2003213, PG. 1910 0 ELL P PTIE III FREEPORT NORTH HOUGHTON PROPERTIES LTD BLK 2, LT 1 SECURE LOCK VOL. 97242 PG. 2647 BLOCK A, LOT 1 DFAP- 005.00 VOL. 2003106 PG. 13485 10' TILITY ESMT VOL. 99122, PG. 4055 BASIS OF BEARING N89'41'18 "E r LEGAL DESCRIPTION OF PERMANENT EASEMENT A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2005146 AT PAGE 6788 OF THE RECORDS OF DALLAS COUNTY, TEXAS, IN THE SA & MG RR CO. SURVEY, ABSTRACT 1439D, TRACT 10, DESCRIBED AS FOLLOWS; COMMENCING ON THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL AND ON A POINT IN THE SOUTHEASTERLY RIGHT —OF —WAY OF STATE HIGHWAY 121; THENCE S 61'45'09" W ALONG SAID RIGHT —OF —WAY LINE, A DISTANCE OF 48.82 FEET TO THE POINT OF BEGINNING; THENCE 30 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY RIGHT —OF —WAY THE FOLLOWING TWO (2) COURSES: 1. S 37'41'03" W, A DISTANCE OF 386.77 FEET; 2. S 42'15'29" W, A DISTANCE OF 87.78 FEET; THENCE S 36'30'47" W, A DISTANCE OF 768.71 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL; �E of T . - - THENCE N 00'25'30" W ALONG SAID WESTERLY BOUNDARY, A DISTANCE 74.07 FEET TO A • '�P' ° G \ST y9 • WESTERLY CORNER OF SAID PARCEL ON THE SOUTHEASTERLY RIGHT —OF —WAY OF STATE � . ( F, 4 HIGHWAY 121; AA Ii THENCE ALONG SAID RIGHT —OF —WAY THE FOLLOWING FOUR (4) COURSES: je ••• L • I °• •• 1. N 37'41'03" E, A DISTANCE OF 711.47 FEET; • 2. N 42'15'29" E, A DISTANCE OF 87.78 FEET; � 4 • ° qp 5896 P:° f 3. N 37'41'03 E, A DISTANCE OF 318.41 FEET; ° (,4 $ E�SS O4 - f 4. N 61'45'09" E, A DISTANCE OF 73.56' FEET TO THE POINT OF BEGINNING. . ' . ' CONTAINING 40,991 SQUARE FEET OR 0.941 ACRES. V: \52871 \ACTIVE\ 187107355 \DRAWING \EXHIBITS \07355_251 _DFW_AP \WORKING \07355_251 _EXHIBIT_006.00.DWG EASEMENT TABL TEXAS MIDSTREAM GAS SERVICES CENTERLINE LENGTH 1180.42' 71.54 RDS. EASEMENT AREA 40,991 SF 0.941 AC PROPOSED PIPELINE CROSSING TEMP. WORKSPACE 51,051 SF 1.172 AC DFAP_006.00 ADD'L. WORKSPACE 48,116 SF 1.105 AC DALLAS CTY. COMM. COLLEGE DIST. TRACT COUNTY OF DALLAS, STATE OF TEXAS P i PERMANENT EASEMENT �„ ,r/' DFW AP PAD ROUTE DOWNTOWN DESIGN SERVICES, INC. 4 1 02/20/08 JMM SA REVISE EASEMENT D e JDM 09/10/07 SCALE: 1 — 200 3 12/28/0: JDM SA REVISE EASEMENT CH BCKED SA 09/10/07 Stantec Consulting Inc. 0 100 200 2000 S Colorado Blvd 2 12/21/0; SCO SA REVISE EASEMENT PROJECT Ste 2 -300 ENGINEER % Denver, CO 80222 1 12/20/0: JMM SA REVISE PROPERTY LINE SECTION Tel 303.758.4058 HEAD stantisc Fax. 3.758.4 REV. DATE BY APP. DESCRIPTION BY www.et 828 8Y SHEET 2 OF 4 EXHIBIT "A" e — BEGINNING N83'22'21 "E S61'45'09 "W 42.05' W. SANDY LAKE RD. 48.82' °IGHT —OF —WAY N 4 P co , 4i PERMANENT C) 4 �� � A EASEMENT /c1; a' 6 1 N42'15 "E c 4 3 PERMANENT RIGHT —OF —WAY DEDICATION 87.78' S42'15'29 "yy CITY OF COPPELL, TEXAS 87 27' VOL. 2005139, PG. 438 4: # 50' TEMPORARY Q. O' et 51 P SF E 0 J � J � � 1.172 AC± DALLAS COUNTY COMM. COLLEGE DISTRICT 5 4) c 50' FREEPORT NORTH In A 968, TR. 10 cb BLOCK 2, LOT 2 421 DFAP- 006.00 �,yco ti�O VOL. 2005146 PG. 6788 43 � 0 90 G® N53'59'32 "W P ��` G y 50.00' ' ��J �l. 5Q' y J / ADDITIO AL // ' WORKSP' CE / / r 15' UTILITY ESMT PRIMERA COPPELL PPTIE III I VOL. 2003213, PG. 1910 FREEPORT NORTH I HOUGHTON PROPERTIES LTD BLK 2, LT 1 SECURE LOCK VOL. 97242 PG. 2647 BLOCK A, LOT 1 DFAP- 005.00 VOL. 2003106 PG. 13485 10' TILITY ESMT I VOL. 99122, PG. 4055 BASIS OF BEARING N89'41'18 "E i (9 ' k.e4\STFR�oq, 4 . . ,0 5896 ■ .lq Esso ?. ,, V: \52871 \ACTIVE\ 187107355 \DRAWING \EXHIBITS \07355_251 _DFW_AP \WORKING \07355_251 _EXHIBIT_006.00.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR EASEMENT INFORMATION PROPOSED PIPELINE CROSSING DFAP_006.00 DALLAS CTY. COMM. COLLEGE DIST. TRACT ,,, N COUNTY 50' TEMPORARY WORKSPACE RAS 1 1� 7 , � DFW AP PAD ROUTE DOWNTOWN DESIGN SERVICES, INC. 4 02/20/03 JMM SA REVISE EASEMENT DRAWN JDM 09/10/07 SCALE: 1" - 200' 3 12/28/0: JDM SA REVISE EASEMENT CHECKED ED SA 09/10/07 Stantec Consulting Inc. 0 100 200 2000 $ Colorado Blvd 2 12/21/0; SCO SA REVISE EASEMENT PROJECT Ste 2 -300 ENGINEER Denver, CO 80222 1 12/20/0: JMM SA REVISE PROPERTY UNE SECTION Tel. 303.758.4058 HEAD g ain Fax. 3. REV. DATE BY APP. DESCRIPTION APPROVED SHEET 3 OF 4 w we.st03antec . com 758.4828 BY EXHIBIT "A" / ,/ 50 / , X 6 5 G P I �, ^ / / PERMANENT cp : � . J�,`I �^ / // EASEMENT O S1Q i �� / / / / 50' TEMPORARY � �® P � / / , WORKSPACE // N1 0# 6, / / DALLAS COUNTY COMM. COLLEGE DISTRICT 11‘c,' 0� �`l / / FREEPORT NORTH G� / /// A 968, TR. 10 BLOCK 2, LOT 2 / / /// DFAP- 006.00 / / VOL. 2005146 PG. 6788 POINT OF / / / COMMENCEMENT `S / q0 C, 6 2� G , S00'25'19 "E co ' 0 � 7,i � y1 s P�064, Q 48.61' ,■ ADDITIONAL R o` er POINT OF 4 WORKSPACE ��1 ,\off BEGINNING 48,116 SF 1.105 A N00'25'53 "W N89'56'09" ` Ir S00 °25'53 "E PRIMERA COPPELL PPTIE III 77.86' 200.01 87.75' FREEPORT NORTH BLK 2, LT 1 VOL. 97242 PG. 2647 _ 1 10' LTILITY ESMT HOUGHTON 1 7— VOL. 99122, PG. 4055 BASIS OF BEARING N89'41'18 'E Y PROPERTIES LTD SECURE LOCK I' BLOCK A, LOT 1 DFAP- 005.00 VOL. 2003106 — — PG. 13485 N L BASIS OF BEARING: THE SOUTHERLY LINE OF THAT PARCEL OF LAND AS DESCRIBED AS LOT 2, BLOCK 2, FREEPORT NORTH AS DESCRIBED IN VOLUME 2005146 AT PAGE 6788 IN THE DALLAS COUNTY RECORDS BEARS N89 °41'18 "E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. 4 S. , • 4 SIRVEYOR'S CERTIFICATE PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM ( , • __,Q - _ VII • AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND ■ • A 5896 �• f CORRECT. v ( ■ 4476 .(C�, DATE OF SURVEY: 8/23/07- 9/7/07 SEYED M. ALVANI �UR� R.P.L.S. NO. 5896 DATE OF SIGNATURE: 12/31/07 V: \ 52871 \ACTIVE \ \DRAWING \EXHIBITS \07355_251_DFW_AP \WORKING \07355 51_EXHIBIT_006.O0.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR EASEMENT INFORMATION PROPOSED PIPELINE CROSSING DFAP_006.00 DALLAS CTY. COMM. COLLEGE DIST. TRACT , STATE OF ,. COU ADDITIONALAWORKSPACES TEXAS M DFW PAD ROUTE DOWNTOWN DESIGN SERVICES, INC. 4 02/20/0£ JMM SA REVISE EASEMENT DRBAYWN JDM 09/10/07 SCALE: t - 200' 3 12/28/0: JDM SA REVISE EASEMENT CHECKED SA 09/10/07 cv Stantec Consulting Inc. BY 0 100 200 2000 S Colorado Blvd 2 12/21/0; SCO SA REVISE EASEMENT PROJECT / Ste 2 -300 ENGINEER Denver, CO 80222 1 12/20/0: JMM SA REVISE PROPERTY UNE SECTION Tel. 303.758.4058 HEAD Sian Fax. .588 REV. DATE BY APP. DESCRIPTION rrM�.stan3037tec.com .428 APPROVED BY SHEET 4 OF 4