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19-014AUTHORIZING R MANAGER AGREEMENT; R AUTHORIZING PROVIDING WideningTHE EXPENDITURE OF FUNDS; PROVIDING A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. (Bonnie Brae and Improvement pipeline # WHEREAS, the City of Denton ("City") is presently undertaking the Bonnie Brae Street Widening & Improvements Project— Phase 1, constituting the construction of a four -lane divided urban section from Roselawn Drive south to Vintage Boulevard (the "Road Project"); and wm 1 + ,. g+ 04PCHHUS Mal + . -ILLULCU .. for #R! Project, in four discrete locations,that are direct conflictwith + 'l road improvements; and WHEREAS, EnLink's conflicting gas pipeline infrastructure is located in preexisting easements owned by as - #r-in- interest to Crosstex CCNG Transmission,1, Crosstex DC Gathering Company, J.V., necessitating that the costs for rearrangement be borne by the City; and WHEREAS, the City and EnLink desire to enter into a Rearrangement and Abandonment Agreement (the "EnLink Agreement"), attached hereto as Attachment 1, to provide for the rearrangement and abandonment of gas pipeline r and payment to EnLink therefor;and WHEREAS, a term of the Agreement entails City purchase of, on behalf of and vesting to EnLink for the purposes of rearrangement of their gas pipeline infrastructure, an alternative Easement within the property tract(s) owned by The Chamberlain Trust, for the purchase price of Twenty -Five Thousand Dollars and No Cents ($25,000.00), which has been agreed to by The Chamberlain Trust as evidenced in the Chamberlain Letter of Understandine, attached hereto as 1 + M Ma WHEREAS, a term of the Agreement entails City purchase of, on behalf of and vesting to EnLink for the purposes of rearrangement of their gas pipeline infrastructure, a Temporary Construction, Grading, and Access Easement within the property tract owned by North Texas which has been agreed to by North Texas Contracting, Inc. as evidenced in the North Texas Contracting Letter of Understanding, attached hereto as Attachment 3; and WHEREAS, the City Council finds the transaction(s) contemplated by the EnLink Agreement, the Chamberlain Letter of Understanding, and the North Texas Contracting Letter of Understanding are in the best interest of the citizens of the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are ......................��..w expressly incorporated herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the EnLink Agreement, the Chamberlain Letter of Understanding, and the North Texas Contracting Letter of Understanding, for and on behalf of the City of Denton, all as referenced herein, and to perform any actions made necessary or prescribed by the EnLink Agreement, the Chamberlain Letter of Understanding, and the North Texas Contracting Letter of Understanding, including, but not limited to, the expenditure of funds contemplated thereby. SECTION 3. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion o to approve the ordinance �� — and seconded his ordinance was made by _ a�Qt�v t .¢. was passed and approved by the following vote Aye Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1:°°`� Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5:�" Paul Meltzer, At Large Place 6: � Page 2 d ED this the day of � ' 2019. PASSED AND APPROVED _._., ATTEST: " ROSA RIOS, CITY SJllCj "l°ARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �BY: - ......... ......... �.. C 14<1 S WATT, , MAYOR Page 3 ATTACHMENT 1 to Ordinance REARRANGEMENT AND ABANDONMENT AGREEMENT Between THE CITY OF DENTON And ENLINK NORTH TEXAS GATHERING, LP 1 1iA°� o.... _, , A y, and between the CITY OF DENTON, aho�� day of �, ( "Agreement") is entered into as of 2019, me rule city (the "City"), and ENLINK NORTH TEXAS GATHERING, LP, a Texas limited partnership, whose address is 1722 Routh Street, Suite 1300, Dallas, Texas 75201 ("EnLink"), acting herein by and through their duly authorized officers (sometimes hereinafter collectively referred to as the "Parties"). WHEREAS, the City is in the process of constructing the Bonnie Brae Street Widening & Improvement Project Phase 1 (the 'Bonnie Brae Project") in the City of Denton, Texas; and WHEREAS, construction of the Bonnie Brae Project makes necessary the adjustment and lowering of three (3) — 4" EnLink gas pipelines (DC-102, DC-400, and DC-401) and one (1) — 3" EnLink gas pipeline (DC-101) (collectively, "EnLink Facilities"), as shown on the Bonnie Brae Street Widening and Improvements Project construction plans, Sheets 6 — 10, attached hereto as Exhibit "D-1, the "Bonnie Brae Relocation" plans prepared by Enlink, attached hereto as Exhibit "D-2" and the Cost Estimates prepared by EnLink, attached hereto as Exhibit "D-3" (the "Pipeline Relocation Work"); and WHEREAS, the cost of all such adjusting and lowering of the EnLink Facilities shall be paid by the City; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and EnLink hereby agree as follows: 1. The declarations contained in the preamble to this Agreement are material and are hereby repeated and incorporated herein as a part of this Agreement as though they were fully set forth in this paragraph 1. 2. Definitions. As used in this Agreement, the following terms shall have the meaning as defined: 2.01. "Written Notice" shall mean a document, acceptable in form and substance to EnLink and the City, which the City will issue to EnLink to authorize the performance of the Pipeline Relocation Work under the terms of this Agreement. 3. General. 3.01. Prior to the ation of the Pipeline Relocation Work, and as a condition to EnLink's obligations hereunder, the City shall grant and convey to EnLink, at no cost or expense to EnLink, (i) easements over, across, and under City owned property in accordance with an Easement Agreement in the form attached hereto as Exhibit "B-l", and (ii) other easement and right of way rights over, across, and under City owned property in accordance with a Right of Way License to Use Certain City Property for Placement of Transmission Pipelines in the form attached hereto as Exhibit "B-2". 3.02. Prior to the initiation of the Pipeline Relocation Work, and as a condition to EnLink's obligations hereunder, the City shall acquire property rights necessary for the Pipeline Relocation Work in accordance with a Temporary Construction, Grading, and Access Easement attached hereto as Exhibit "C-l" and a Right -of -Way Agreement attached hereto as Exhibit "C-2". No modifications shall be made to the Temporary Construction, Grading, and Access Easement or the Right -of -Way Agreement without the prior approval of EnLink- 3.03. Subject to the terms and conditions of this Agreement, EnLinl agrees and consents to carry out, or cause to carry out, the Pipeline Relocation Work. The Pipeline Relocation Work will. be performed in accordance with applicable laws and regulations. 3.04 The City shall reasonably cooperate with EnLink in completing the Pipeline Relocation. Work, 3.05 EnLink estimates that the Pipeline Relocation Work will be completed ninety (90) days following EnLink's commencement of the Pipeline Relocation Work, subject to delays caused by Force Majeure Events (as defined herein) or acts or omissions of any third party. EnLink agrees to exercise reasonable efforts to commence the Pipeline Relocation Work within. thirty (30) days after the later of (a) EnLink's receipt of the Written Notice or (ii) satisfaction of all conditions to EnLink's obligations hereunder, subject to delays caused by Force Majeure Events or acts or omissions of any third party. As used herein, "Force Majeure Events" means: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) other events beyond the reasonable control of EnLink, including, without limitation, inability to access M riecessary work areas for any reason, or the unavailability of labor to dili pkicursue comwletion of the 1� - Pipeline Relocation Work, but in no event shall EnLink be subject to any liability or be required to expend any additional funds to expedite the Pipeline Relocation Work. 3.06 Following completion of the Pipeline Relocation Work, EnLink will execute and deliver to the City a Partial Abandonment and Release of Easements in the form attached hereto as Exhibit "A". 401. The full execution of this Agreement by the parties hereto shall obligate the City to pay all costs and expenses incurred in connection with the Pipeline Relocation Work. Such costs and expenses include, but are not limited to, EnLink's costs associated with the relocation, construction, and installation of the EnLink Facilities, material, labor, testing, inspection, contracts, rights -of -way and contingency costs, plus fifteen percent (15%) of the foregoing costs to cover administrative, general., supervision and engineering overhead costs (the "Construction Management Fee"). The estimated cost of the Pipeline Relocation Work is Six Hundred Eighteen Thousand Dollars ($618,000.00). The parties acknowledge this is an estimate and that actual payment will be based off invoices, as more fully described below. 4.02 From time to time following commencement of the Pipeline Relocation Work, but no more often that once per calendar month, EnLink will fumish to the City a statement (the "Statement") setting forth the EnLink Total Cost (as defined below) incurred by EnLink for materials procured and/or that portion of the Pipeline Relocation Work that has been completed. Within thirty (30) days following the City's receipt of a Statement, the City shall. pay EnLink an amount equal to the EnLink Total Cost for materials procured and/or that portion of the Pipeline Relocation Work that has been completed, as shown in the Statement, via wire transfer as follows: Wire Transfer Instructions: Wells Fargo Bank, Dallas, Texas Account#: 4124925439 ABA #: 121000248 Other Details: FAO EnLink Midstream Operating, LP — Master Account After completion of the Pipeline Relocation Work, or earlier terittination of this Agreement for anv reason. and after anv and all pertinent third party invoices are received and accounted for EnLink, EnLink will furnish to the City a final Statement setti forth (a) the total actual costs incurred by EnLink for the Pipeli Relocation Work, including, but not limited to, the design, materi procurement and/or restocking ve fees, orhead chargean s, at. relocation, construction, and installation of the EnLink Facilitie and/or the Construction Management Fee (the "EnLink Tot less (b) prior amounts paid by the City to EnLink for t Pipeline Relocation Work. Within thirty (30) days following t City's receipt of the final Statement, the City shall pay EnLink .wn=nt equal to the outstanding-F�, :< o.LC-,o.-,t-,—?,,,-, . Statement, via wire transfer pursuant to ?ea vewiring trans instructions. 5.01 This Agreement shall become effective as of the Effective Date anil shall. not expire prior to the satisfaction of each Party's obligations hereunder, including the City's full and complete payment to EnLink in «&a® © Article 4. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated in a writing executed by authorized representatives of the City and EnLink. 5.02 This Section 5.02, and Article 6 (Miscellaneous) shall survive th* termination or expiration of this Agreement. 6.01. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in. the United States Mail, postage prepaid, certified, return receipt requested, or registered and addressed as follows: Todd Hileman City Manager 215 East McKinney Street Denton, Texas 76201 Phone: 940-349-7100 With a Copy to: City Attorney's Office ATTN: Trey Lansford, Deputy City Attorney 215 East McKinney Street Denton, Texas 76201 EnLink North Texas Gathering, LP ATTN: Tres Poynor 1722 Routh Street, Ste: 1300 Dallas, Texas 75201 Telephone No.: 940-577-3396 Tv M& cnaf =ILMMSAIT-1 =70 , Y 7= by giving the other party written notice of same. 6.02. Ownership. All EnLink Faces are the property of EnLink, and EnLink will continue to own all EnLink Faces upon completion of the Pipeline Relocation Work. 6.03. Assignment. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party (such consent not to be unreasonably withheld, conditioned, or delayed), EXCEPT, HOWEVER, that it may be freely assigned or transferred I y EnLink without the City's consent, (a) in connection with any sale or transfer of all or substantially all of the ownership interests in or assets of EnLink, (b) among any companies affiliated with EnLink, or (c) where such is for the purpose of reorganization, consolidation, or merger. 6.04. Waiver of Consequerilial. Damages. Neither Party shall be liable to the other in any action or claim for consequential, indirect, punitive or special damages (including lost profits) whether the action or claim in which recovery is sought is based On contract, tort (including sole or concurrent negligence), gross negligence, intentional or wrongful acts, or strict liability of the Party. To the extent permitted by law, any statutory remedies inconsistent with these terms are waived by the Parties. 6.05 Amendment. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the Parties hereto and dated after the date of this Agreement is signed. 6.06. Applicable Law Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in whole or in part in Denton County, a Texas. Sole venue for any proceeding to construe or ®» any of the terms ,cam? of this Agreement, or seeking damages for its breach shall be Denton County, Texas. 6.07. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearlyrequires otherwise. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall. be deemed an original, but all of which shall constitute one and the same instrument. 6.09 Sole Agreement. This Agreement constitutes the sole agreement between the Parties respecting the subject —°® and supersedes any prior understandings or written or oral agreements. 6.10 Legal Construction. In case one or more of the provisions containe�i-- in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions in this document and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had «©— been contained herein. I EXECUTED by the Parties on the dates indicated with their signatures, but effective as of the date specified at the beginning of this Agreement (the "Effective Date"): ENLINK: ENLINK NORTH TEXAS GATHERING, LP By: EnLink Energy GP, LLC its general partner BY �w „�� w 1�ei d I )kvc*t iiid Counsel of Land I )t"I e: t� The CITY: CITY OF DI_,,"NTQN By: u r . ., Todd l I s lei,na li, (Ity Manager Date: a a° m ,` 6 ATTEST ROSA 100$ CITY By: _- APPROVED AS TO LEGAL FORM: �� Y A. "'1" l�l�� 61 ^. � �� ..._ � AARON l gl �'�11 CIT l .�� . THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO financial and operational obligations and Department Date: ? 7 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON This Partial Abandonment and Release of Easements (this "Partial Release") is made and entered into on this day of. _1 2019 (the "Effective Date"), by EnLink North Texas Gathering, LP, a Texas limited partnership, whose address is 1722 Routh Street, Suite 1300, Dallas, TX 75201 ("EnLink"). WHEREAS, EnLink (successor in interest to Crosstex CCNG Transmission, Ltd.) owns certain easement rights by virtue of its interest in the following described instruments (collectively, "Easements"): 1. Easement granted to Crosstex DC Gathering Company J.V. by T. Rick Ezell, Jr. as Managing Partner of Joab Partners L.P. dated July 6, 2004, recorded under Instrument Number 2004-155828, Real Property Records of Denton County, Texas; and 2. Easement granted to Crosstex CCNG Transmission, Ltd. by Jack A. Parkes dated December 16, 2002, recorded under Instrument Number. 2003-39650, Real Property Records of Denton County, Texas; and 3. Easement granted to Crosstex CCNG Transmission, Ltd. by The Chamberlain Trust dated December 24, 2002, recorded under Instrument Number 2003-175333, Real Property Records of Denton County, Texas. WHEREAS, EnLink desires to abandon and release the Easements with r„es .�ayct toNd' Mi ly with res ect to, those certain tracts more particularly described on Exhibit "A" attached hereto ("Release Tracts") WHEREAS, EnLink desires to reaffirm all of its right, title and interest created and established by the Easements with respect to all other land subject thereto, with respect to which the Easements shall remain in full force and effect and shall not be affected by execution of this Partial Release. NOW, THEREFORE, EnLink hereby abandons and releases the Easements with resj)eet to. and olvl�y_ itll �es pet tp, the Release Tracts. The foregoing abandon and release does not affect any other lands subject to the Easements, and all rights of EnLink under and by virtue of the Easements will remain in full force and effect and are in no manner waived or impaired as to all lands subject to the Easements not located within the Release Tracts. It is expressly understood that EnLink's execution hereof relates and pertains only to EnLink's interest in said Easements and in no way affects any other rights owned by third parties. [signature on following page] EXECUTED by EnLink to be effective as of the Effective Date. ENLINK: ENLINK NORTH TEXAS GATHERING, LP, By: EnLink Energy GP, LLC its general partner 0 3RUMUNWAM, Jennifer O. Reid Director and Legal Counsel of Land "M ZI-1 This instrument was acknowledged before me on -1 2019, by Jennifer O. Reid, Director and Legal Counsel of Land of EnLink Energy GP, LLC, the general partner of EnLink North Texas Gathering, LP, a Texas Limited Partnership. Notary Public, in and for the State of Texas My Commission Expires: AFTER RECORDING RETURN TO: City of Denton — Real Estate Development Services Annex 216 West Mulberry Street Denton, Texas 76201 Attn: Deanna Cody 71P J,NO' 01' 53"W 588.61' N!88' 04' 2VE 7.99' N 8 J_ --J , _ I WNTAGE ff)11UVAq9 COMPANY J.V. (135' R.O.W) INST. NO. 2004-155828 D.R.D.C.T. _S62' 52' 56*E ._100- Exhiibit "A"' to 3331' �A% Partial Abandonment Release 3 4A T LINDA J. AND JOHN M. ALEXANDER INST. NO. 2010-63691 D.R.D.C.T. INST. NO. 2017 -40737 D,R.D.C.T, MEADOWS AT HICKORY CREEK HOME OWNERS ASSOCIATION INST. NO. 2016-131609 SO' 0 1' 53"E D.R.D.C.T. 572,23' CROSSTEX CCNG TRANSMISSION LTD. VOL 5356, PG 02621 D.R.D.C.T. LOT 7 2 JOA8 PARTNERS INST. NO. 98-0095955 D.R.D.C.T. -SO' 41' WE 806.92' _N89- 06' 12"E 41.96' POINT OF S89' 06' 25.67' - S89, .0706, 12V'�- S1* 19' 09"E 52 10-00. ' PARCEL 1-GAS-ABANDONMENT RIGHT-OF-WAY ABANDONMENT OF IM (W&-M) STNE KME COORDIOTE SMIN, MM NOM CDOX ZONE BEING A 26,001 SQ. FT./0.597 ACRE VARIABLE WIDTH RIGHT-OF-WAY DEDICATION SITUATED IN THE WILLIAM ROARK SURVEY, ABSTRACT NO. 1087 DENTON COUNTY, TEXAS Graham Associates,inc. GRAPHIC SCALE 1 "=20()p CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 600 nn ARLINGTON, TEXAS 76011 (817) 64"535 TOPE FIRM: F-1191/TBPLS FIRM: 10153HO 200 0 200 400 DRAWN BY: BDF DATE: 10/10/2018 PROJECT NO.: )0( SHEE'r 1 OF 2 . ...... I t] M I all MWAY.V0411 I-XV!, I BEING a 0.597 acre tract of land situated in the James Edmondson Survey, Abstract No. 400, Denton County, Texas, being a portion of the tract of land conveyed by the City of Denton as recorded in instrument number 2012-144832, County Clerk Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2inch iron rod with a "GAT" cap, said point being the north east comer of Joab Partners UP as described in instrument No. 98-0095955 Deed Records, Denton County, Texas, said point also being a common point in the tract of land conveyed by the City of Denton as recorded in instrument number 2012-144832, also being a point on the common south line of Vintage Boulevard right-of-way; THENCE South 89'06'12" West, leaving said common point, along the north line of Crosstex DC Gathering Company J.V., as described in instrument No. 2004-155828, Deed Records, Denton County, Texas, a distance of 25.67 feet to the POINT OF BEGINNING, said point in the south west comer of a proposed gas right-of-way known as Parcel 1 -Gas, point also being a set 60D nail; THENCE South 0 1'19'09" East, a distance of 10.00 feet to a point; THENCE South 89'06'12" West, along south line of Crosstex DC Gathering Company J.V. as described in instrument No. 2004-155 828, Deed Records, Denton County, Texas, a distance of 52.07 feet to a point; THENCE North 00'41'13" West, along Crosstex DC Gathering Company J.V. C.C., as described in instrument No. 2004-155 828, Deed Records, Denton County, Texas, a distance of 816.74 feet to a point-, THENCE North 88004'29" East, to a point on the west line Crosstex CCNG Transmission LTD. right-of- way described in instrument No. 2004-15 5 828, Plat Records, Denton County, Texas, to the east line of said Crosstex right-of-way, a distance of 7.99 feet to a point; THENCE North 00001'53'* West, along west line Crosstex CCNG Transmission LTD. as described in Vol 5356, PG. 02621, Deed Records, Denton County, Texas, a distance of 588.61 feet to a point; THENCE South 62152'56" East, cross from west line of said Crosstex CCNG Transmission LTD., to the cast line of said Crosstex CCNG Transmission LTD., a distance of 33.71 feet to a point; THENCE South 00'01'53" East, along said Crosstex CCNG Transmission LTD. right-of-way, a distance of 572.23 feet to a east comer of said Crosstex CCNG Transmission LTD. right-of-way as described in Vol 5356, PG. 02621, Deed Records, Denton County, Texas, a distance of 572.23 feet to a point; Page 2 of 3 THENCE South 88°04'29" West, along said Crosstex CCNG Transmission LTD. right-of-way, a distance of 28.00 feet to a point; THENCE South 00°41' 13" East, along said Crosstex CCNG Transmission LTD. right-of-way, to the south line of Vintage Boulevard right-of-way, also being the north line of tract conveyed by the City of Denton as recorded in instrument number 2012-144598, County Clerk Records, Denton County, Texas, a distance of 806.92 feet to a point; THENCE North 89°06' 12" East, along the south line of Vintage Boulevard tight -of -way, also being the north common line of tract conveyed by the City of Denton as recorded in instrument number 2012- 144598, County Clerk Records, Denton County, Texas, a distance of 41.96 feet to the POINT OF BEG MING and CONTAINING 26,00lsquare feet, 0,597 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 3 of 3 A=2* 15' 19" R=2452.50' T=48.28' L=96.54' Nl' 07' 40"E Lc=96.53' D.R.D.C.T. SET " LR. w W �_'T�GAV dAlP 7 ,Fr X' I R V1 "GAl' CAP NV 00' WE 36.63' POINT OF Pom" BEGINNING PART 11 IlEr r LIL W/ N CAP NO* 00' WE 110.36 , N9* 27' 20"W__ i -;a -%rl POINT OF COMMENCING PARTS I & 11 FND.j= III/GIN CAP L ROSELAWN DRIVE S35* 30' ii�';E._ 7 VARIA@q WIDTH R.o.w.) 65.02' cn C4 c V, LLJ zvZo ce 711F CH4MBERL&V TRUST 0 VOL 4522, PG IJJ6 D.R.D.C.T. _S9* 27' 20"E 274.51' U)0 W/ "GAI' CAP N45' 00' WE — N89* 31' 33"W 21.92' 20.30' N: 7,117,321.011 E: 2,378,358.721 SO' 04' 53"W GAS PIPELINE �POINT OF BEGINNING%0*w' 29' 48"E PART I NO' 38' 52"W / s 30.03' 41.05' 0 -.-SO' 29' 25"E N: 7,117,279.675 J& DRY FORK CREEK RANCH 29.47' E: 2,378,358.662 INSMMENr Ail. 2014-66579 S40' 37' 12"E D.R D. r. r qpl 72.94' (EN r SET 60D N40' 37' 12'V o NAIL 119.55' n SO' 39' 02"E &SSTEX CCNG TRANSMISSION LTD.INST. NO. 46.70' 2003-39650 D.R.D.C.T. BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1903 (NAD-03) STATE PLANE COORDINATE SYSTEM, TOM NORTH CENTRAL ZONE. PARCEL 4—PARTS I & 11 —GAS—ABANDONMENT RIGHT—OF—WAY ABANDONMENT BEING A 3944 SQ. Fr./0.091 ACRE PARCEL PART I BEING A 4073 SQ. FT./0.094 ACRE PARCEL PART 11 SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1"=100' CONSULTING ENGINEERS & PLANNERS 000 SIX RAGS DM SUITE 600 [r�j] ARLINGTON, TEXAS 76011 (817)640-M5 TBPE FIRM: F-llglfrBPLS FIRM: 1015WO 0 100 200 DRAWN BY: BDF II CHECKED BY. MP8 I DATE: 11/1/2018 PROJECT NO.: 960-1006 SHEET I OF 3 FILE NAME: J:\DENTON\BONNIE BRAE\CAD\EXHIBFrS\ROW\CrrY TO ENIJNK\PARCEL 2-GAS-ABANDON.DWG Page 4 of 6 PARCEL 4-GAS PART I ABANDONMENT LEGAL DESCRIPTION RIGHT-OF-WAY ABANDONMENT BEING a 0.091 acre tract of land situated in the James Edmondson Survey, Abstract No. 400, Denton County Texas, being a portion of South Bonnie Brae right-of-way. as recorded in Instrument Number 2014-24326, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at found % inch iron rod with "GAI" cap, being the southeast corner of The Chamberlain Trust as described in Vol. 4522, Pg 1336, Deed Record, Denton County, Texas, also being a common point on the north Roselawn Drive (a variable width right-of-way) and west line of South Bonnie Brae (a 95 foot right-of-way); THENCE South 35°30'37" East, 65.02 feet to the POINT OF BEGINNING, said point being in the south line of said Roselawn Drive, Instrument No. 2003-39650, Deed Records, Denton County, Texas, being a common line; THENCE South 89°29'48" East, continuing along said common line a distance of 30.03 feet to a point; THENCE South 00029'25" East, leaving said common line a distance of 30.03 feet to a point; THENCE South 409 T12" East, 72.94 feet to a set 60D nail, said point also being the east right of way of South Bonnie Brae Street as recorded in Instrument No. 2014-24326, Deed Records, Denton County, Texas; THENCE North 4003 T12" West, leaving said east line a distance of 119.55 feet to a point; THENCE North 0003815211 West, a distance of 41.05 feet to the POINT OF BEGINNING and CONTAINING 3,944 square feet, 0.091 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 3 Page 5 of 6 PARCEL 4-GAS PART II ABANDONMENT LEGAL DESCRIPTION RIGHT-OF-WAY ABANDONMENT BEING a 0.094 acre tract of land situated in the James Edmondson Survey, Abstract No. 400, Denton County Texas, being a portion of South Bonnie Brae right-of-way as recorded in Instrument Number 2014-29352, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at found'/2 inch iron rod with "GAI" cap, being the southeast corner of The Chamberlain Trust as described in Vol. 4522, Pg 1336, Deed Record, Denton county, Texas, also being a common point on the north Roselawn Drive (a variable width right-of-way) and the west line of said South Bonnie Brae Street (a 95 foot right-of-way) THENCE North 45°00'00" East, continuing along common line of said Chamberlain Trust and south Bonnie Brae Street a distance of 21.92 feet to a set 1/ inch iron rod with "GAI" cap; THENCE North 00°00'00" East, continuing along said common line a distance of 110.36 feet to a set 1/2 inch iron rod with "GAI" cap, said point also being the POINT OF BEGINNING; THENCE North 00100'00" East, continuing along said common line a distance of 36.63 feet to a set %2 inch iron rod with "GAI" cap, said point also being of a tangent curve to the right having a radius of 2,452.50 feet, a chord bearing ofNorth 01 °07'40" West, and a chord length of 96.53 feet; THENCE along said tangent curve to the right, through a central angle of 02°15' 19", along said common line, an arc distance of 96.54 feet to a set 1/2 inch iron rod with "GAT" cap; THENCE South 09°27'20" East, leaving said common line a distance of 274.51 feet to a point, said point being the north line of said Roselawn Drive (a variable width right-of-way); THENCE North 8991'33" West, along said south line a distance of 20.30 feet to a point; THENCE North 09°27'20" West, leaving said south line a distance of 139.36 feet to the POINT OF BEGINNING and CONTAINING 4,073 square feet, 0.094 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 3 of 3 Page 6 of 6 ----------- § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Easement Agreement (this "Agreement") is entered into between the City of Denton, a Texas home rule municipal corporation in Denton County, Texas ("GRANTOR") and EnLink North Texas Gathering, LP, a Texas limited partnership ("GRANTEE"). For and in consideration of Ten Dollars and No Cents ($ 10.") and other good and valuab 4_Qpaid -. the receipt of which and sufficiency of which is hereby ac and in consideration of the covenants contained herein, GRANTOR and GRANTEE agree follows: =1 I . Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to GRANTEE a perpetual casement (the "Easement" or "Easement Property") over, under, and across the tract of land generally described and depicted on Exhibit "A" attached hereto and made a part hereof by reference. This grant and conveyance is made subject to all matters of record in the real property records of Denton County Texas, validly existing and effective as of the date hereof and affecting the Easement Property. 2. The Easement shall only be used for the purpose of and the right to survey, construct, install, erect, inspect, operate, replace, change, or remove (or abandon in place, in accordance with applicable law, at GRANTEE's election), maintain, monitor, test, protect, repair, relocate, reconstruct, modify, change the size of, or connect any pipelines, fixtures, equipment, facilities, and above and below -ground appurtenances (collectively, the "Facilities") reasonably necessary for the gathering and/or transportation of oil., natural gas, petroleum products, hydrocarbons, fresh water, saltwater, or any other substances that may be transported by pipeline, whether fluid, solid or gaseous, including any products, derivatives, combinations or mixtures of any of the foregoing. GRANTEE and its agents, employees, contractors and subcontractors have the right to temporarily access, use and occupy such temporary workspace upon GRANTOR's adjacent lands to the Easement Property shown on Exhibit "A" attached hereto for the initial construction of its Facilities. 4. GRANTEE and its agents, employees, contractors, and subcontractors shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including, but without limiting the same, (a) the free right of ingress and egress (i) over and across GRANTOR's lands immediately adjacent to the Easement Property and (ii) to and from the Easement Property and (b) the right from time to time to cut or remove any undergrowth, brush, or other obstructions, with the exception of new concrete road pavement, on the Easement Property, that, in GRANTEE's reasonable judgment, may injure, endanger, or interfere with the exercise by GRANTEE of the rights herein granted. GRANTEE shall also have the ability to remove any trees in the Easement Property and surroundinR areas with the written approval of GRANTOR. GRANTEE shall not be liable Cor damages on the Easement Property by keeping it clear of trees, undergrowth, brush, or other obstructions. The GRANTEE shall have the right to assign this Agreement in whole or in part with the written consent of GRANTOR, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, GRANTOR's consent shall nol be required for any assignment, (a) in connection with any sale or transfer of all or substantially all of the ownership interests in or assets of GRANTEE, (b) among any companies affiliated with GRANTEE, or (c) where such is for the purpose of reorganization, consolidation or merger. If GRANTEE transfers its interest, in whole or in part, pursuant to a transfer expressly permitted herein or with the consent of GRANTOR, GRANTEE shall be relieved of all obligations thereafter arising hereunder with respect to the transferred interest, and the failure of the transferee to satisfy such obligations shall not affect the rights of GRANTEE with respect to any interest not so transferred. 6. The Easement is granted upon the conditions that GRANTEE's Facilities to be constructed shall be maintained and operated by GRANTEE. 7. GRANTEE shall and does hereby agree to indemnify, defend, and hold harmless GRANTOR from any and all damages, loss, or liability of any kind whatsoever by reason of injury to property or third person to the extent directly arising from its use of the Easement Property or the neglect of GRANTEE, its officers, agents, employees, invitees, or other persons entering onto the Easement Property under the rights granted to GRANTEE herein, with regard to the Facilities and maintenance of such improvements, except to the extent any damage, loss, or liability arises from the negligence or willful misconduct of GRANTOR or its officers, agents, employees, or invitees. 8. GRANTEE shall diligently repair any damage to improvements on the Easement Property or surrounding property resulting from GRANTEE's use of the Easement Property, and GRANTEE shall restore the surface of the Easement Property and surrounding property to the condition existing immediately prior to such damage resulting from GRANTEE's use of the Easement Property, as reasonably practicable. 9. Following termination. of this Agreement, GRANTEE may remove all or any portion of its Facilities. Without limiting the generality of the foregoing, GRANTEE shall have the right to abandon in place all underground portions of the Facilities, in accordance with applicable law, following the termination of this Agreement. 10. GRANTEE shall, at its own cost and expense, comply with all applicable laws currently in effect as of the date hereof, including but not limited to current zoning ordinances and current governmental rules and regulations enacted or promulgated by any governmental authority. 11. GRANTOR may not unreasonably prevent or interfere with GRANTEE's exercise of the rights granted herein. GRANTOR shall not construct, or permit to be constructed, any houses, barns, buildings, structures, permanent impoundments of water, or other obstructions (with the exception of road pavement complying with GRANTEE's reasonable requests and conditions relating to the safety and/or integrity of the Facilities) of any type within the boundaries of the Easement Property without the prior written consent of GRANTEE, which may not be unreasonably withheld, conditioned, or delayed. GRANTEE shall have the right to prevent such construction within the boundaries of the Easement Property and the right to remove houses, barns, buildings, structures, permanent impoundments of water, and other natural or man-made obstructions of any type, including trees, brush, roots and other growth, within the boundaries of the Easement Property. GRANTOR. shall not, and shall not permit any third party to, change the grade of the Easement Property or remove any cover over any facilities without the prior written consent of the GRANTEE. GRANTOR shall not construct, or permit to be constructed, any road, including a private road or driveway, over or across the Easement Property without first notifying GRANTEE, and GRANTOR agrees to comply with GRANTEE's reasonable requests and conditions relating to the safety and/or integrity of the Facilities. Said notice shall be in writing and sent to the attention of GRANTEE's Land Department at 1722 Routh Street, Suite 1.300, Dallas, Texas (or such other address provided in writing to GRANTOR). 12. The consideration received by GRANTOR in connection herewith includes compensation for all injuries and damages of whatever nature and character to the GRANTOR's lands by GRANTEE's initial construction of the Facilities. 13. This shall be a covenant running with the land and shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns; provided, however, that the holder of rights hereunder shall not have indemnification obligations with respect to the negligence, willful misconduct, or other actions of the holder's predecessors or successor or assigns. 14. If any provision hereof is held to be unenforceable, this Agreement will be considered divisible and such provision will be deemed inoperative to the extent it is deemed unenforceable, and in all other respects this grant will remain in full force and effect-, provided, however, that if any such provision may be made enforceable by limitation thereof, then such provision will be deemed to be so limited and will be enforceable to the maximum extent permitted by applicable law. 15. It is agreed that this Agreement covers all the agreements between the parties relating to the subject matter and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. 16. This instrument may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall. constitute one and the same agreement. M GRANTEE,TO HAVE AND TO HOLD unto o, as granted,cight and easement herein any one of them, shall be used by, or useful to, GRANTEE for Ap, granted. In TESTIMONY WHEREOF, the parties herein have executed this Agreement this cI y 2019, o [4141USUMAMIX11 1-1--c . .. .......... . . . By: Todd Hileman, City Manager Approved as to legal form: Aaron Leal, 01.y Attorney By ACCEPTED AND AGREED: GRANTEE: ENLINK NORTH TEXAS GATHERING, LP By: EnLink Energy GP, LLC its general partner i i i i r L, i-(, ' I Director and Legal Counsel of Land [ACKNOWLEDGMENTS ON FOLLOWING PAGE] Page 5 ACKNOWLEDGMENT(s) Todd Hileman, City Manager of the City of Denton, Tex isn orr behalf of such municipality, acknowledged this instrument before me on, c k-----.. 2019. r�wWWo ��ir iWu �J mr�uu,.. �vonu r, JANE h''�� RIC HAI'MO N w,�� ,, m P u.' "1 - -- N otdrr•„yblic�i n and for the State of Texas My Commission Expires: This instrument was acknowledged before me on ma 2019, by Jennifer O. Reid, Director and Legal Counsel of Land of EnLink Energy GP, LLC, the general partner of EnLink North Texas Gathering, LP, a Texas Limited Partnership. . inand. �i Notary I tir the State of Texas h` o r� ��"x �som��pC�s � Q��I ry e '�darii�wa� �"�C�4ary W 131651817 My �; (.b1�L�d1�'�rV. ii Expires. �em. �.,� � .....�. ..... Page 6 Exhibit "A" to Easement Pacte 1 of 7 u 20.63' &-74 p",R 29 1 LINDA J. AND JOHN M. ALEXAND - -^ - - I INST. N0. 2691 Z' RG?W -� .. � � � R�=732.50' D.R.D.C.T. T=55.45 R=8' 15' 59".. — 52.50' N37'46'24"E I Lc=108.47' I ti A=211' 15' 34" —.. — N 19'30' 7 E Lc-367.40 l -- TRANSMISSION LTD. „—.._ ..n VOL. 5356, PG 02621 m h_. D.R.D.C.T. Now— .. ._ - _ N1' 19, 09"W . 880.70' I V �INTACE BOULEVARD ' — COMPANY J.V. (135' R.O.W) INST. NO, 2004-155828 D.R.D.C.T. S89' 06' 12"W 1 2 2 L=110.69' LLI MEADOWS AT HICKORY CREEK 5 S3T58'09"W HOME OWNERS ASSOCIATION Lc=110.58' INST. NO, 2016-131609 D.R.D.C.T. A=33' 48' 12" JOAB PARTNERS R=732,51' INST. NO. 98-0095955 T=222.58' D.R.D.C.T. 6*44'1 CITY OF DENTON =432,16' NO. 2012-144598 L v=425,92' ,�, .."1 D.R.D.C.T. � q » ° . 5 CnY OF DENTON NO. 2017-40737 _.. I� D.R.D.C.T. B OC W. 588" 0 4' 29"W q� JOAH PARTNERS INST. NO. 98-0095955 D.R.D.C.T. 807.71' FND J2" I.R. W/ WP (.GAp) /"' SE1" 'I,/2" IR W/"CAN°' CAP S89' 06' 12"W 15.67' .. ^,F 3 M."'llull , Fr 10.00 F_ _ NO 1/2 IR 1 I W/"GA99"" CAP I' PARCEL AS I IGI IS NORTH N oAlu�+/983 A T 'YGAI" I BEING A riAS1111 (NAD-R3% '."rAff PLANE COOK INAH U,FTE AS NORTH CENTRA ZONE E .. W AP A SET 60D NAIL 18,809 SQ. FT./0.432 ACRE SET 3/4" I.R. w/ VARIABLE WIDTH TRACT CAP MYCOSKIE SITUATED IN THE WILLIAM ROARK SURVEY, MCKINNIS' DENTON COUNTY TEXAS ....... Graham Associates I Inc. "=200' GRAPHIC SCALE 1 CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 600 [nn ARLINGTON, TEXAS 76011 (817) 640-8535 200 0 200 400 TBPE FIRM: F•1191/TBPLS FIRM:101538-00 DRAWN BY: BDF DATE: 1011012018 PROJECT NO,: XX SHEET 1 OF 2 Flt WME: W ENUnTK\PAo CEM I... W,oM Page 2 of 7 PARCEL I -GAS LEGAL DESCRIPTION VARIABLE RIGHT-OF-WAY DEDICATION BEING a 0.432 acre tract of land situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, being a portion of the tract of land conveyed by the City of Denton as recorded in instrument number 2017-40737, County Clerk Records, Denton County, Texas, also being part of the South Bonnie Brae right-of-way (variable width right-of-way), and being more particularly described by metes and bounds as follows: COMMENCING at a found''/2 inch iron rod with a "GAI" cap, said point being the north east corner of Joab Partners UP as described in instrument No. 98-0095955 Deed Records, Denton County, Texas, said point also being a common point in the south right-of-way of Vintage Boulevard; THENCE South 89106' 12" West, leaving the said common point, a distance of 15.67 feet to a set '/2 inch iron rod with "GAI" cap, said point also being the POINT OF BEGINNING; THENCE South 89°06' 12" West, along south line of Crosstex DC Gathering Company J.V. as described in instrument No. 2004-155828 Deed Records, Denton County, Texas, a distance of 10.00 feet to a set 60D nail; THENCE North 01'19'09" West, to a point on the west line of Crosstex right-of-way described in instrument No. 2004-155828, Plat Records, Denton County, Texas, a distance of 880.70 feet to a set 60D nail; said point also being of a non -tangent curve to the right having a radius of 752.51 feet, a chord bearing of North 19°30'37" East, and a chord length of 367.40 THENCE along said non -tangent curve to the right, through a central angle of 28'15'34", along the west line of tract described in instrument No. 2017-40737 and arc distance of 371.15 feet to a set 60D nail; said point also being the beginning of a non -tangent curve to the right having a radius of 752.50 feet, a chord length of North 37°46'24" East, and a chord length of 108.47 feet; THENCE along said non -tangent curve to the right, through a central angle of 8°15'59", along the west line of tract described in instrument No. 2017-40737 and arc distance of 108.57 feet to a set 60D nail; THENCE South 62°08'09" East, along west line of tract described in instrument No. 2017-40737, crossing corner to the east line of South Bonnie Brae right-of-way and the west line of Bloomfield tract as recorded in instrument No. 2015-72692, a distance of 20.63 feet, said point also being on a non -tangent curve to the left having a radius of 732.50 feet, a chord bearing of South 3758'09" West, and a chord length of 110.58 feet; THENCE along non -tangent curve to the left, through a central angle of 8039'29", along the right line of said tract described in instrument No. 2017-40737 and arc distance of 110.69 feet to a set''/2" iron rod with a "GAT" cap; said point also being the beginning of a non -tangent curve to the left having a radius of 732.51 feet , a chord bearing of South 16'44' 18" West along the right line of said tract described in instrument No. 2017-40737, and a chord length of 425.92 feet; Page 2 of 3 THENCE along curve to the left, through a central angle of 33048' 12", along the right line of said tract described in instrument No. 2017-40737 and arc distance of 432.16 feet, to the north line of Lot 7, Block A, of Meadows at Hickory Creek Phase One Addition as described in instrument number 2010-63691, to a set''/2" iron rod with a "GAI" cap; THENCE South 88°04'29" West, along the north line of said Lot 7, Block A of said Meadows at Hickory Creek Phase One Addition, to the north east comer of said line, a distance of 5.01 feet to a found %" iron rod with "Mycoskie Mckinnis" cap; THENCE South 1°19'09" East, along the right line of Meadows at Hickory Creek Phase One addition, a distance of 370.62 feet, passing Lots 7, 6R, 2R, and 1 R, each marked with a %" found iron rod with "Mycoskie Mckinnis" cap, also passing north west comer of Joab Partners described in instrument No. 98-0095955, to the south line of Vintage Boulevard right-of-way, a total distance of 807.71 feet to the POINT OF BEGINNING and CONTAINING 18,809 square feet, 0.432 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 3 of 3 Page 4 of 7 INST. NO. 2003-175333 D.R.D.C.T. 7HE CH4VBERLNN TRUST WL. 4522, PG. IM6 D.R.D.C.T. POINT OF COMMENCING FND 1/2' IR W/'GAIN CAP M I' Y ti F, 1 w Iw 1 LO PO on d L! w ca . 04 Z �zc Z ... M 1 C i ROSELAWN DRIVE _ - FND. COTTON ARIABLE WIOTH R.D.W.) _ SPINDLE IN POST — NO 4 ,.'. 33"W.... 71.53, SET 60D NAIL J& DRY FORK CREW RANCH 1A57RUMENT N0. 2014-66579 D.R.O.C.T. 1 N40' 37' 12'V 1 46.86' i 7HE CHAM INoV MUST WL. 4522, PO 13J6 D.R.D.C.T. S57' 31' 34"E f 152.72' N90' 00' 00"E I 29.82'. �` SO' 54' 17"E 107.10' SET Y2" I. R. LONGHORN GYJUNa BOY SL17UT W/ "GAI" CAP FOUIVOAWN, INC. DR. PUL OOM, PG. 526 CROSSTEX R.O.W. D.R.D.C.T. INST. NO. 2003-39650 D.R.D.C.T. [BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE TEXAS NORTH CENTRAL ZONE. PARCEL 2-GASH - BEING A 2,670 SQ. FT./0.061 ACRE PARCEL SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1"=100' FO—] CONSULTING NLAENGINEERSs VE, SUITE & PLANNERS TBPE FIRM: -11�911TBPLS1FIRM 10163&00 0 100 200 DRAWN BY: BDF 1 CHECKED BY: MPB 1I DATE: 11/1/2018 PROJECT NO.: 96(W 009 SHEET 1 OF 2 FILE NAME J:\DFNTON\BONNIE BRAE\CAD\EXHIBfiS\ROW\CITY TO ENLINK\PARCEL 2-GAS-I.DWG nn Page 5of7 PARCEL 2-GAS LEGAL DESCRIPTION 30 FOOT RIGHT-OF-WAY DEDICATION BEING a 0.061 acre tract of land situated in the James Edmondson Survey, Abstract No. 400, Denton County Texas, being a portion of South Bonnie Brae right-of-way. as recorded in Instrument Number 2014-24326, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at found 1/2 inch iron rod with "GAI" cap, being the west line of South Bonnie Brae Street (95 foot right of way) as described in instrument No. 2014-29352, Deed Records, Denton County, Texas and the west line of a tract of land by the Chamberlain Trust, recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas; THENCE South 57°31'34" East, leaving said common line a distance of 152.72 feet to the POINT OF BEGINNING, said point being at set %s inch iron rod with "GAI" cap, being the Northwest corner of the Longhorn Council Boy Scout Foundation, Inc. tract, said point also being a point in the south right-of-way line of Roselawn Drive as described in Instrument No. 2014-24326. THENCE South 0154'17" East, along the west line of said Longhorn Council Boy Scout Foundation, Inc. tract and said east right-of-way line of South Bonnie Brae, being a common line, a distance of 107.10 feet to a set Y2. inch iron rod with "GAI" cap, being a point in the east right-of-way line of South Bonnie Brae Street (variable foot wide right-of-way) as described in Instrument No. 2014-24326, Deed Records, Denton County, Texas; THENCE North 40°37' 12" West, leaving said common line CROSSTEX CCNG TRANSMISSION LTD. Right -of -Way as described in Instrument No. 2003-39650, being a common line, a distance of 46.86 feet to a set 60D nail; THENCE North 0°48'33" West, leaving said common line, a distance of 71.53 feet to a found cotton spindle in a post, point being in the south line of said Roselawn Drive; THENCE South 90°00'00" East, continuing along said south line a distance of 29.82 feet to the POINT OF BEGINNING and CONTAINING 2,670 square feet, 0.061 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 NO' 01' 53"i1jl 22.48" )Vyl ,IV IN I'S0 "01 N6Z '52" 56"W PIR )�4/f IN COW MO _wJ ov Alf V,) 21 DRAWN BY. BDF CROSS TEX DC GATHERING ' .-COMPANY J.V. INST. T-11 I (0_"" ,00 -A � - I ;; 5 0 0 0 D. RI), C � T --(�AS \ i f-i LIS62' 52' 56"E '1,J7.30' POINT OF BEGINNING SET 60D N�Al Page 6 of 7 CITY OF Df -NTON Z, N0:'20'1'.,;,7-88,519 D. R. D. C. T A 1' 23' 06"' R=846.50 T=10.23 64* 52' oo"W L=20.46 X 97.1619'l POIN OF COMMENCING FND 1/2 IR W/"GAI' CAP 86+48.45 47.50' RT. E. 2,376,654.917 61' 58' 03 -GA 5 WELL Q CE�lz°ERQNE OF PIPE ev Vol 6102-�N'ly 74 CROSSINd"11 STREET STA.. 86+28.48 5 46.50LT. N: 1;l 13,616.122 E: 2,316b70.102M'V FOAM 1AIrrY.1I YV�14V Uj'Vr ft'2LA.,F VW Ally LEGEND _V.,b-7 60D NAIL L BLOOM FIELD LD HOMES,LP INST. NO. 2015-72692 D. R. D. C. T. 13ASIS OIF MON IS�NORTH 'AWRICAN 'DATUM W'S PARCEL 3-GAS OFF11983 (NAD-STATE PLANE COORDINATE SYSTEM TE)(AS TH CENTRAL ZONE. BEING A 21199 SQ. FT./O.050 ACRE 20 FOOT WIDTH TRACT SITUATED IN THE WILLIAM ROARK SURVEY, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1 "= 100, CONSULTING ENGINEERS & PLANNERS 600 SD( FLAGS DRIVE, SUITE 500 n ARLINGTON, TEXAS 76011 (817) 640-W35 TBPE FIRM: F-1 lgl/TBPLS FIRM: 101538-00 100 0 100 200 DATE: 11)30/2018 PROJECT NO.: XX SHEET I OF 2 77777777 F4 E IWk fiWS\Row\CfllY R) rrW.1i0jRAlFG0 3- QOSJJW' Page 7 of 7 PARCEL 3-GAS LEGAL DESCRIPTION 20 FOOT WIDTH TRACT BEING a 0.050 acre tract of land situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, being a portion of the tract of land conveyed by the City of Denton as recorded in Instrument Number 2013-88519, Deed Records, Denton County, Texas, also being part of the South Bonnie Brae right-of-way (variable width right-of-way), and being more particularly described by metes and bounds as follows: COMMENCING at a found V2 inch iron rod with a "GAI" cap, said point being the north line of a tract of land called Parcel 1-GAS to be conveyed to En -Link gas from the City of Denton, and the south line of South Bonnie Brae Street (a variable width right-of-way); THENCE North 64°52'00" West, leaving the said common line, a distance of 97.69 feet to a set 60D nail, said point also being the POINT OF BEGINNING, said point being in the north line of said south Bonnie Brae Street; said point also being the beginning of a non -tangent curve to the left having a radius of 846.50 feet, a chord bearing of South 39°18'20" West, and a chord length of 20.46 feet; THENCE along said non -tangent curve to the left, through a central angel of 01 °23'06", along the north right of way of said south Bonnie Brae Street a distance of 20.46 feet to a set 60D nail; THENCE North 62152'56" West, leaving said north line, a distance of 102.72 feet to a set 60D nail; said point also being in the west line of CROSSTEX TRANSMISSION LTD. right-of-way described in Instrument No. 2004-155828, Deed Records, Denton County, Texas; THENCE North 00101'53" West, continuing along said west line a distance of 22.48 feet to a set 60D nail; THENCE South 62052'56"East, leaving said west line a distance of 117.30 feet to the POINT OF BEGINNING, and CONTAWING 2,199 square feet, 0.050 acres of land, more or less. INCLUDING a street pipeline crossing for a 4" gas pipeline DC-102 with South Bonnie brae Street. The centerline of the gas line begins at Station 86+48.45, 47.50' right of street centerline, and continues along a bearing of North 61°58'03" West, a distance of 96.09 feet to Station 86+28.48, 46.50' left of street centerline. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 COUNTY OF DENTON THAT the City of Denton, Texas, a home rule municipal corporation ("Licensoracting by and through its duly authorized City Manager pursuant to Denton Development Code Section 35.16.19.7.h., for the consideration set out below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto, EnLink North Texas Gathering, LP, a Texas limited partnership, ("Licensee"), its successors and assigns, the right to enter upon, construct, operate, maintain, repair, re(clace and ex(cand gas iwij%elines in certain i%arcels of land or easements owned b the City of Denton in Denton County, Texas, Licensee to cross roads, streets and easements under the jurisdiction of Licensor as described in attached Exhibit "A" attached hereto and incorporated herein by reference ("Licensed Premises"). Licensee shall provide "as built drawings" to the office of the City Engineer and to the Fire Marshal of the City of Denton upon construction. Licensee may amend Exhibit "A" upon written consent by the City of Denton by providing the location of additional proposed oil and gas pipelines to the City Engineer and to the Fire Marshal of the City of Denton. Licensee shall provide "as built drawings" to the office of the City Engineer and to the Fire Marshal of the City of Denton upon construction of proposed oil and gas pipelines added by amendment to Exhibit "A". Compensation for additional road, street and easement crossings for proposed gas pipelines added by amendment to Exhibit "A" shall be paid to the City of Denton pursuant to the terms and conditions of this agreement ("License"). Section I -Application, The Licensee has submitted a complete application for the license to the Development Review Committee of the City of Denton ("DRC"), a plan accurately showing the proposed location, course and alignment of the proposed pipeline(s); a written application, which application show the time, manner, means and method of the proposed construction, the particular commodity proposed to be transported through the pipeline(s) and the maximum pressure and maximum temperature under which the same may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline(s). The application includes: a. Maps or schematic drawings, in a format to be approved by DISC showing the route within the city of each pipeline including its location and elevation in every street (elevation. need not be supplied for gathering systems, or if not economically feasible); b. The diameter, normal operating pressure range and the maximum allowable operating pressure of each existing pipeline, other than a gathering system, within the city5- e, The materials transported by each existing pipeline within the city-, d. The location of shutoff valves for every segment of a pipeline in a street-, e. The business address and telephone number of the person responsible for the operation of each existing pipeline-, f. The business address and telephone number of the owner of each existing pipeline; g. The telephone number of at least one emergency contact available on. a 24-hour basis; and, h. Certificates of insurance for the coverages set forth in this License- and; i. The name, address and telephone number of Licensee. j. Such other information as the DRC shall reasonably request that relates to placement of the pipeline's in the streets and as to appropriate compensation herein. The application review fee of $1,500 for right of way crossings shafFb-e Awaived because EnLink is relocating pipelines to accommodate the City's relocation of South Bonnie Brae Street. AD. application. review fee of $1,500.00 for right-of-way crossings and $1,250.00 for easement crossings, respectively, shall be waived by the City at the time each application is submitted. Said plans shall consist not only of the plan but also of a suitable profile, accurately showing the location of all cutoff valves relative to the location of all streets or alleys across or along which the proposed pipeline(s) shall. be laid. Two copies thereof along with two copies of the application shall be presented to the office of the City Engineer and to the Fire Marshal. of the City of Denton. One of the copies of the plan and profile delivered to the City Engineer shall be a producible negative. No construction shall begin until such plans have been reviewed and approved by the office of the City Engineer and to the Fire Marshal of the City of Denton. The application is incorporated herein. For and in consideration of the execution of this License and the mutual promises and covenants of the parties hereto, it is mutually promised, understood and agreed as follows, to wit: 1. Term. This License shall be for a term of ten (10) years unless terminated earlier as provided hereafter. 2. Material transported. Licensee may operate pipelines authorized under this License for the purpose of transporting the material or materials indicated in the application or in accordance or in accordance with any notice filed with the Directors pursuant to subsection 3. below. If Licensee changes the material transported in a nineline. the Licensee shall notifv the Directors in accordance with subsection 3. below. 3. Updating information. Licensee shall update permit application information within 30 days after changes occur. Licensee shall not transport in a pipeline any material other than materials set forth in its application and prior notices, or operate pipelines in excess of their maximum operating pressure or disable any shutoff valve, without notifying the Directors of such change ten days or more prior to such change. Upon request by the Directors, made no more frequently than annually, Licensee shall certify in writing to the Directors that Licensee's information filed with the city is true, correct and complete. 4. Not Authorized by License. This License does not authorize the transport or distribution of natural gas by Licensee whose use of streets is subject to city action or approval under Texas Revised Civil Statutes Article 1175. 5. Option to Terminate. Licensee shall have the option to terminate this License at any time upon giving the Licensor written notice sixty (60) days in advance of such termination, and upon termination shall not be entitled to any reimbursements of the license fee from the City. 6. Option to Terminate. Licensor shall have the option to cancel and terminate this in this License after sixty (60) days written notice to do so. 7. Condition Upon Termination. Upon termination of this License, Licensee shall abandon the Licensed Premises leaving all improvements on or to the Licensed Premises in a good and serviceable condition, or Licensee may remove the improvements upon written consent by the City. 8. Abandoned pipeline. In the event a pipeline that is permitted by this Licens,4 becomes an abandoned pipeline; Licensee shall notify the Directors as soon as practicable. The City may request the Licensee to remove such abandoned pipelin* from the street (and if objected to by Licensee, only if City Council so directs), and in such instance, Licensee shall obtain all building permits and street -cut permits, and effect such removal within 120 days. Licensee shall not be required to pay any fees under this License for an abandoned pipeline following the date of its abandonment; however., IJ censee shall not be allowed any credit or rebate fo fees greviotialWaid for an abandoned pipeline. NO Hill OUR -01 1 INN available records or data to demonstrate its current compliance with the terms of this E-icense. Licensee shall pay to the Fire Marshal its customary fee for pipeline inspections. 10. Consideration. (a) Usual and customary fees shall be waived for this License because this License is being issued so that the Licensee can relocated its pipelines to accommodAte the rearrangement of South Bonnie Brae Street per Arterial Streel Crossings per pipeline(s) approved by this License payable upon Licensee's execution of this License for a ten year term Licensee shall obtain whatever rights and permission, other than the City of Denton, that may be necessary when Licensee encroaches on an easement. License shall pay any and all amounts as may subsequently be set by ordinance as authorized in this Section 2 (10)(b) below. The application shall be made to Licensor at the office of the City Manager, City of Denton, 21.5 E. McKinney, Denton, Texas, 76201. The license fee payment shall be exclusive of and in addition to all general applicable permit fees and all municipal taxes of whatever nature, including but not limited to ad valorem taxes and special taxes and assessments for public improvements. Licensor may notify the City of additional gas pipelines by submitting proposed drawings of the oil and gas pipelines. Additional oil and gas Local, Collector or Arterial Streets per year per pipeline upon written consent of the City Manager. The foregoing fees are commensurate with the city's expenses in administering, supervising, inspecting, and regulating pipelines in streets. 7'5)-TTe=T y (Yocs no-777 % Mjasscssing lall I "' " 7-17CYtfTCSi LS , 'M (i) under Texas Tax Code § 182.025 to make a reasonable lawful charge for the use of a street in the city by a "public utility", as defined therein, to distribute gas, and assess any other lawful fees or charges. Further, nothing contained in this License shall preclude the City from imposing other or additional fees or charges for the use or y.omiyjr f i-�-rWfir Q-Jwx charges pursuant to Texas Tax Code § 182.025, or other applicable federal, state or local. law, now or hereafter existing, which authorizes the City to make a charge for the use of its streets in excess of the charges set forth in this Section 2 (10) (a). Such other fees or charges, if assessed by the city, shall be in addition to and not in lieu of the charges set forth in this Section 2 (10) (a), to the extent allowed by law, but the remaining terms and provisions of this License shall remain in full force and effect, save and except of any conflict with the applicable law under which the other fees or charges are assessed. 11. Option to Renew. Licensee shall have the option of renewing and extending the term of this License for one additional term of ten (10) years, by giving notice of renewal. in writing to the Licensor not less than ninety (90) days in advance of the date of termination of the al (10) year term. The license fee or payment shall be ad usted ti*nal teT--vearfarrt *r 9-q rtiav 'Ve set Iiv 12. Construction Upon Execution. Licensee shall have the right to begin construction of oil and gas pipelines upon the execution of this License by all parties hereto. Licensee shall obtain all applicable City permits from the City Engineer, who shall approve the plans and specifications for the crossing of the right of way or easement. Licensee shall obtain a permit to operate the gas pipeline from the Fire Marshal of the City of Denton prior to activating gas pipeline. Except as may be permitted or authorized by the Licensor, no street or highway in the City of Denton shall be blocked or obstructed during construction or regular maintenance after construction. The of the streets, sidewalks, alleys, easements or private property and shall be in accordance with the directives of the city Engineer of the City of Denton. Licensee shall bore under the Licensed Premises and shall not open cut any of the Licensed Premises. If Licensee is found to be using the Licensed Premises for other purposes than those granted herein, this License shall be null and void and Licensee shall have no further rights for Licensed Premises usage. 13. Insurance and Indemnity. Licensee shall provide or cause to be provided the insurance described below upon execution of this agreement. a. Commercial General Liability Insurance. This coverage must include premises, operations, blowout or explosion, products, complete operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors and personal injury. This coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. The insurance shall also include coverage for environment impairment. b. AptmuoL)i � [Jability nsurance. (1) Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage; and (2) The Business Auto Policy must show Symbol I in the Covered Autos Portion of the liability section in Item 2 of the declarations page which includes coverage for hired, leased and non -owned vehicles. C. Worker's Conivensation hisut-ance. In addition to the minimum statutory requirements: (1) Employer's Liability limits of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease; and (2) The insurer agrees to waive rights of subrogation against the city, its officials, agents, employees, and volunteers for any work performed for the city by the Licensee. (3) The Licensee shall comply with the provisions of with Section 406.096 of the Texas Labor Code and rule 28TAC 11.0.11.0 of the Texas Worker's Compensation Commission. d. Excess Liabilitv Insurance. Excess Liability Insurance shall be provided with limits of not less than Five Million, 000.00) annual aggregate. e. Indemnification. Licensee shall and hereby does inderrinify, defend and save harmless the Licensor, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Licensee, its agents, employees, contractors or subcontractors; or on account of any negligent act of fault of Licensee, its agents, employees, contractors or I I I u4m] NJ NO WN 10 .............. FJA (1) All policies shall. be endorsed to read "THIS POLICY WILL NOT BE CANCELLED OR NON -RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". (2) Commercial General. Liability and Automobile Liability insurance shall be written by companies with A: VIII or better rating in accordance with the current Best Key Rating Guide (3) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies shall name as "Additional Insured" the Licensor and its officials, agents, employees, and volunteers. (4) Certificates of insurance must reflect all coverages and endorsements required by this section. (5) Coverage shall be placed with insurance carriers licensed to do business State of Texas or with nonadmitted carriers that have a financial ratirrIN comparable to carriers licensed to do business in Texas approved by the City. 0 14. Performance Bond. Licensee shall provide a performance bond, in the amount of two thousand dollars per location, ($2,000.00). Licensee may add additional oil and gas ,6�*Witwwmaind the Director of Engineering, shall determine the amount of the Te rfo anec ,e rm bond for additional oil and gas pipelines as approved by the Licensor in accordance with this Agreement. In any event the amount of the performance bond shall not exceed fifty thousand dollars $50,000. The performance bond shall be executed by a surety company authorized to do business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. 15. Subordination. This License is subordinate to the Licensor's interests in the Licensed Premises. Licensor reserves the right to use the Licensed Premises and the and permit to be done, any work in connection therewith which may be deemed necessary or proper by the Licensor on, across, along, under or over said Licensed M-,ZOfWW& it shall be necessary by the City to alter, change, adapt, conform or relocate Licensee's lines or other property in any part of the Licensed Premises occupied by the Licensee, Ovski-Z 4mwv*-w*6w- *rt&r*�. in writing by the Licensor pursuant to directions from the City Manager without any c1q,im for rei?yAursemeAt f6r tke cmsts of tke reit-.v.tiox or f9r damaggs v.g9.ix-st Ag City; provided, that Licensee shall at all times be entitled to receive from the appropriate governmental bodies, excluding the City, payment for alteration or relocation of its lines * laws with respect to relocation payments. 16. Conflicts. In the event of any conflict between the parties hereto such that either [tarty brings or commences any legal action or proceeding related to this agreement, including, but not limited to any action pursuant the provisions of the Texas Uniform hereto agree to waive any and all rights to attorneys fees to which the prevailing party might otherwise be entitled. 17. Notice. Any notice or communication required in the administration of this License shall be sent to the Licensor as follows: City Manager of the City of Denton 215 E. McKinney Denton, Texas 76201 Any notice or communication required in the administration. of this License shall be sent to the Licensee as follows: ENLINK NORTH TEXAS GATHERING, LP ATTN: Tres Poynor 1722 Routh Street, Ste: 1300 Dallas, Texas 75201 Telephone No.: 940-577-3396 18. Police Powers. Licensee is subject to all police powers of the City of Denton in the placement and maintenance of its oil. and gas pipelines, as well as all other ordinances as currently exists and as may be amended in the future of the City of Denton. The City of Denton retains regulatory authority over all health, welfare and safety issues A'at.—tinv 2riie in. reiard to the trarisiort of oil and gas—in-thr—nimlines— Its inspect Licensor's safety reports and to require the inspection or review of the oil and gas pipeline by the Fire Marshal, or his designee or the City Engineer, or his designee, of the City of Denton. Licensor shall pay the City of Denton the cost of the inspection by the Fire Marshal, or his designee or the City Engineer, or his designee of the City of De milton. 19. Non -Transferrable Without Consent. The rights granted by this agreement inure to the benefit of the Licensor. The rights shall not be assigned or transferred without the express written consent of the governing body of the City of Denton. Any required 'Uiv ordi-innee or req*fijti*-t of tite, Citv Cgirticil of t�e Citv 20. Transfer or Partial Assignment. Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, partially assign or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. No transfer, assignment or other change in rights granted by this License until there is paid to the City a transfer fee of Five Hundred Dollars ($500.00) to the City 21. Waiver. No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth 22. Unenforceable Provisions. In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement 23. Entire Agreement. This Agreement and the exhibits attached thereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. 24. No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 25. Captions. The captions contained in this License are for informational purposes only and shall not in any way affect the substantive terms or conditions of this License. 26. Laws of Texas. This License shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any disputes arising from the performance of this License shall be in Denton County, Texas. All payments under this License shall take place in Denton County, Texas. 1N WIT l w v I11 l I l]`„ tfle l s rlia:reto l�i,,tvc executed this lJa,er:tse i:ra cluplrcaic origlruils on flik trt LICENSOR THE CITY OF DENTON, TEXAS �H By, Todd I Zile rui�ji�i, City Manager ATTEST: ROSA RIOS, CITY SECRETARY , ,.. BY � APPROVED AS TO LEGAL FORM: ARRON LEAL, CITY ATTORNEY BY: LICENSEE EnLink North Texas Gathering, LP By: EnLink Energy GP, LLC its general partner ,o Byump� 04 l rrr11)60:- 0 � � ("i, ire for & l.�,giil Corrrisel o9" l,,,uid Date 1 1A41 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON On this day personally appeared Todd Hileman, City Manager of the City of Denton, Texas, known to me; to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. rr (iivell ti.r�ldcr 11,1y 1ulvuland oN'oflice, 1[ris ,�"��J�`�� w�yo ') ".� ��`� '"� �oig ......... ...... i fwWwWw4ll UM �WONUU Pdf ( F4 Il G41J 0 r °,I"�ft7M1 �iyr �'tial�lir `kiE�1f, r,i Ip9N �a��< , t �IIItEYI, C r��ff� r,fl'� Pgo'n1y417 825121 , Ir r�uww aaas�'uwr�v�ir»nmvus�u rs�i ov�r�swr�ro�w�u wmar�r✓��varv�' nmv�as�rrvu wsi�ua, �•+, 4 N 'btary Public STATE OF TEXAS COUNTY OF On this day personally appeared Jennifer O. Reid, Director and Legal Counsel of Land of EnLink Energy GP, LLC, the general partner of EnLink North Texas Gathering, LP, known to me to be the person and official whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said entities. Given under my hand and seal of office this �I day ofm ��u� 2019. We of Toxas on in 4 +�u� ✓ e n..�. � R .1ic� Notary C 'i1�� Exhibit "A"' to ROW License r Pipelines Page 1 of 2 u � CROSSTEX RIGHT OF 'NAY �k'� � �N � N �� fA INS`T. NO.. 200 1 7 a ; Ia0 OI 1�� D.R.D.C.T. t� �N i 0 ,140' . 1Ag""Oo AV Cal GAS aft �i oPIPELINE �� S i 0 N89' 59' 55"' I 120.16' STA. 132+85.82 47.50' LT. 132+85.82 47'.5 " 1" N:7,117,405.149 I E:2,378,321.551 I N:7,117,405.151 ,� E:2,378,416.551 " a NV 00' 0 0" r NO' 00' 00°"E i % i� r _ FND92 " p,1. 56.92 ABV klOTH R.O.W,) ✓'—�T/C� 10+63.97 40.03' LT. N:7,117,342.764 E:2,378,433.017 I N N45' 00' DO"W 5.00' L FND. COTTON SPINDLE IN POST JK DRY FORK CREEK R4NCN INSTRUMENT NO. 2014-66579 D.R.D.C.T. N90' 00' 00"E 15.79' STA. 10+65.55 N:7,117.266.230 E:2,378,434.600 RT. CROSSTEX R.O INST. NO. 200 i �50 D.R.D.C.T. k BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE PIPELINE CROSSING FOR SYSTEM, TEXAS NORTH CENTRAL ZONE. ROSELAWN DRIVE & SOUTH BONNIE BRAE STREET SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS ._... Graham Associates,lnc. GRAPHIC SCALE 1"_ 100' CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 UNIONS affil ARLINGTON, TEXAS 76011 (817) 640-0535 [ nn] TBPE FIRM: F-11911TBPLS FIRM:101538-00 0 100 200 DRAWN BY: BDF CHECKED BY: MPS DATE: 11/16/2018 PROJECT NO.: 960-1006 SHEET 1 OF 1 FILE NAME: J:\DENTON\BONNIE BRAE\CAD\EXHIBITS\ROW\CITY TO ENLINK\PARCEL 2—GAS-1 EXHIBIT.DWG Page 2 of 2 w O DC GATHERING r CITY OF DENTON B 0""--'-- TE ANY J.V� �.. , _ � rri(i, 0 2.C.T ..�19 C11� "5 l;dcj,,,3 D.R.C..f. 155828 �.�-D.R.D INST. NO. 2004L� .... (Aa'� . q ¢ii Il I M rS62 52 56 E 1rt7,30 � NO' 01 53 a r 1 22.48' P 1 P L I N E `PI!U CROSSING I �, n Ir(jwi, r yr �iI� T=10.23 64' 52 00 W L=20.46 97 69' OF POIN N(�2'� 56"W II " B "^ ,°� .� "COMMENCING FIND 1/2" IR W/"GAI" CAP )I B h STA. 86+48.45 q g I Wl Ia ,"0 u47.50' RT...., .� � �' n' 7,113„70.96,._. �r '® ve I�� n ��d � { � � � � �� . � 0�„� � C E: 2,376 �654.917 rl ^ I �,0958 0 uG'4�r�rv�"T° .,A WELL r~'d' �� p� u I u r v 50,9 a r IN i .u�(, 1� I ,/, CE F RL1.NE OF PIPE fk �y VG c �20k� 5r "vi"u " r. " �I "° CROSSING F STREET , wr r w§ � I14 STA. 86+28.48 �, �rd v,� �� M �I�n a�<. 46.0 LT. N: 13,616.122 E: 2,3 (a^ 70.1..02 /yr, �' vi"u`i"' R1,2�",�6' KA1' PSN �"� u o t I w f,1tl• LEGEND 1 r soD NAIL BLOOM FIELD HOMES, LP n'� a INST NO. 2015-72692 BASIS OF BEARINRICAN WRINGS IS NORTH AMEDATUM OF 1983 (NAD-83) STATE PLANE COORDINATE GAS 1 1 1 SYSTEM TEXAS NORTH CENTRAL ZONE. South Bonnie Brae Street Centerline Station 86+38 �� s�� rR� sris�a'�,r 9�i" u.r�m �u1N11k1i4A ra�rrati SITUATED IN THE WILLIAM ROARK SURVEY, D E NTO N CO U NTY, TEXAS Graham Associates Inc. GRAPHIC SCALE 1 =100 CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 [nn ARLINGTON,TEXAS76011 (817)640-8535 100 0 100 200 TBPE FIRM: F-11911TBPLS FIRM:101538-00 DRAWN BY: BDF DATE: 1113012018 PROJECT NO.: XX HLu NX& J:AX`110r0N\IBOo" NUF vl�s\R(M\cHy va, v4jHK\p*Cu.. "s- wS,PwG STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § ��Ww I'll DI Im oll-lo-NIMIDIM",�v�l[ULVJ'Villlq 13 win will tdog 11414 Grantee, its agents, employees, contractors, workmen, and representatives shall have t in conn( Grantee's construction activities, including, but not limited to, pipeline bores, whether vertical any deviation from vertical, pit areas, and/or for subjacent or lateral support for any facilities pipeline bores, or any other infrastructure or improvement of any kind or type in connection wi or related to Grantee's construction activities. It is agreed that the said Grantee shall have the right from time to time to remove any fences, signage, bungs, trees, undergrowth, brush, or other obstructions on the Property described above, that, in Grantee's judgment, may injure, endanger, or interfere with Grantee's construction activities, grading activities, access in, along, upon, under, and across the Property, or exercise by Grantee of any other rights herein granted. Grantee shall not be liable for damages on the Property by keeping it clear of fences, signage, buildings, trees, undergrowth, brush, or other obstructions. Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress, and regress in, along, upon., under, and across said Property for the purpose of its construction activities or any part thereof. The term of this Temporary Construction, Grading, and Access Easement shall expire on September 30, 2019 and thereby requiring DO further actions by the parties hereto in respect to a formal release. TO HAVE AND TO HOLD unto the said Grantee as aforesaid for the purposes aforesaid the premise above described. EXECUTED the day of 11— - -, 2019, NORTH TEXAS CONTRACTING, INC, M RM �' WNAG�Aa THE STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on . . . . . . . . . . . . . . . . . . . ............................................ � 2019 by of North Texas Contracting, Inc., a Texas corporation, on behalf of said corporation, Notary Public, State of Texas My commission expires: N43' 51' 46"E 42.25' Ste. " L�Ir W/ "GAI" CAP...' -•.., N1' 22' 41"W 52.10' SET " I.R. W/ "GAI" CAP it I I RfiVAIN1.✓"LR TRACT JOAB PARTNERS, L.P. I VOLUME 4203,, PAGE 855 I TE RECOfc'D,, DENTON COUNTY, i POINT OF BEGINNING FlND X" I.R. W/ 'GAI" CAP N89' 06' 12"E . 1"" 70.00' S1' 16' 19"E 100.00' A=1' 12' 36" I ' S89' 06' 12'W ° R=847.50' I I 100.01'+ T=8.95' I � 3� L=17.90' NO'46'23"W I Lc=17.90' j m� 0 1 JOAB PARTNERS j I=M0 IN5T. NO. 98-0095955 1 = D.R.D. C. T. I 0 VINTAGE BOULEVARD (VARIABLE WIDTH RIGHT—OF—WAY) S OF BEARING IS NORTH AMERICAN DATUM 1983 (NAD-83) STATE PLANE COORDINATE "EM. TEXAS NORTH CENTRAL ZONE. EXHIBIT A BEING A 0.219 ACRE (9,542 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT JOAB PARTNERS, L.P. INST. NO. 98-0095955, DEED RECORDS, DENTON COUNTY, TEXAS SITUATED IN WIWAM ROARK SURVEY, ABSTRACT NO. 1087 CITY OF DENTON, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1 "=100' [nn CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 7el0 100 200 TBPE FIRM: F-1191/TBPLS FIRM:101538-00 DRAWN BY: GAI PROJECT NO.: 960-1001 DATE: 7/1112018 Page 1 of 2 Rl' NAt :: LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.219 acre tract of land situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, being a portion of a tract of land conveyed to Joab Partners L.P. as recorded in instrument No. 98-0095955, County Clerk Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found % inch iron rod with a "GAI" cap, said point being on the north line of Joab Partners tract and South line of Vintage Boulevard right-of-way THENCE North 89006' 12", along north common line of Joab Partners tract and South line of Vintage Boulevard right-of-way, a distance of 70.00 feet to a point for corner; THENCE South 1116' 19", a distance of 100.00 feet to a point for corner; THENCE South 89°06' 12" West, to the east line of South Bonnie Brae right-of-way (variable width right-of-way), a distance of 100.01 feet to a point for comer; said point also being on a curve to the left, having a radius of 847.50 feet, a chord bearing of North 0146'23" West, and a chord length of 17.90 feet; THENCE along said curve to the left, through a central angle of 1112'36", for an arc distance of 17.90 feet, along the east line of South Bonnie Brae right-of-way (variable width right-of-way), being a common line, to a set %" iron rod with "GAI" cap; THENCE North 1°22'41", along said east Bonnie Brae right-of-way line, a distance of 52.10 feet to a set '/2" iron rod with a "GAI" cap; THENCE North 43051'46", along said east Bonnie Brae right-of-way line, a distance of 42.25feet to the POINT OF BEGINNING and CONTAINING 9,550 square feet, 0.219 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 COUNTY OF DENTON This Right -of -Way .g., Alan Ray Chamberlain arim Linda Adele address of PO Box 43, Denton, TX 76202 (collectively, "Grantor") to EnLink North Tex4l Gathering, LP, with a mailing address of 1722 Routh Street, Suite 1300, Dallas, For and in consideration of Ten Dollars ($10.00) and other good and valuable receiptconsideration, the successors,grants, bargains, sells, and conveys to Grantee, its test,privilege, right-of-way, and easement (the "Easement") to survey, construct, maintain, operate, inspect, monitor, replace, size of, and - remove (or abandon in • pipeline, together with all above and appurtenantqr be gathering and/or transportation of oil, natural gas, petroleum products, fresh water, saltwater, or ani other li uids ases includin inert ases or substances that ma be trans orted b-• eline Being a Tract of Land situated in the J. Edmonson Survey, Abstract4 Denton County, Texas, and being a portion of a called 19.823 acre tract, in the de 'I to The Chamberlain Trust, as recorded in. Volume 4522, Page 1336 in the Offici Public Records of Denton County, Texas (the "Lands"). subcontractors Grantee and its agents, employees, contractors and .��andoccui those certain wortions of the Lands identified as the Tern orar may be reasonably necessary for the uses permitted hereby, including, but not limited to, initial construction and subsequent maintenance, inspection, repair, and operational activities. Grantee, its successors and assigns, have the right to hold the Easement so long as it is used by, or useful. to, Grantee for the purposes stated herein. Grantor and Grantor's heirs, legal representatives, successors, and assigns are hereby bound to warrant and forever defend all and singular the Easement unto Grantee, its successors, and assigns, against all persons whomsoever lawfully claiming or to claim the same, or any part thereof the Lands in any manner that will xot rIre.�Lext *r ixterfere wit-k Graxtee's exercise of Ac rig)Lts grv.nted!cereix,; yrovi4ei, Atowever, Grantor may not construct, nor permit to be constructed, any building, improvement, structure, permanent impoundment of water, or any other obstruction of any type within the boundaries of the Easement or unreasonably near Grantee's pipeline or facilities without the express prior written consent of Grantee, to be given. or withheld by Grantee in its sole discretion. Grantee shall have (a) the right to prevent such construction within the boundaries of the Easement or unreasonably near Grantee's pipeline or facilities, and (b) the right to remove buildings, improvements, structures, permanent impoundments of water, and other natural or man-made obstructions of any type, including trees, brush, roots and other growth, within the boundaries of the Easement or unreasonably near Grantee's pipeline or facilities. Grantor shall. not, and shall not permit any third h n the ra# e of the Easement or remove an cov th i eline witho Grantee may assign. this Agreement in whole or in part upon giving written notice to Grantor regarding said Assignment. If Grantee assigns or transfers its interest in whole or in part, Grantee shall be relieved of all obligations thereafter arising hereunder with respect to the transferred interest, and the failure of the transferee to satisfy such obligations shall not affect the rights of Grantee with respect to any interest not so transferred. At the time of construction and installation, Grantee will bury the pipeline a minimum iI , i� i itches. creeks 14.4 1 Elm said Is 6 WO U MO MA MWO a 9"J 19 0 11 RE Rol JWJ 0 4 1 US 011 917WM UM 9 1 Ma I INN LORI 0 11 L*&M U1 I H Mfg Grantee will pay for any physical damage to growing crops, timber, fences, or other structural improvements directly caused by Grantee's exercise of the rights granted herein, except for any damages caused by maintaining and clearing of the Easement as permitted herein. The parties agree that the consideration. received by Grantor in. connection herewith includes payment for all injuries and damages to the Lands by Grantee's initial construction of the pipeline, including, but not limited to, crop and land surface damages. This Agreement constitutes the complete and final expression of the parties' agreemel relating to the subject matter and supersedes the parties' previous contracts, agreements, a understandings, whether oral or written, relating to such subject matter. This Agreement may not be modified, or any of the terms hereof waived, except by written instrument referring specifically to this Agreement executed by the parties. I This shall. be a covenant running with the land and shall extend to and be binding upon a,11M inure to the benefit of the parties and their respective heirs, executors, administrators, successolm 'A and assiens o i rovided hwever that the holder of riphts hereunder shall not have obli t' wi i M W-In =MUMM I UIRM I LVM V= 110MOMMINN I IS U IN I I I MMJ M I PUM M lg"�Urga C.-mI If any provision hereof is held to be unenforceable, this Agreement will be consider divisible and such provision will be deemed inoperative to the extent it is deemed unenforceabI and in all other respects this agreement will remain in full force and effect; provided, howev that if any such provision may be made enforceable by limitation thereof, then such provision w I be deemed to be so limited and will be enforceable to the maximum extent permitted by applicab law. 31 This Agreement may be executed in counterparts, each of which shall be deemed to be original, but all of which, taken together, shall constitute one and the same agreement. i 11 1i. 11 1 1111 115111 � 1 � 1 '111 1111 i Grantor has executed this Right -of -Way Agreement this . . ...................... day of 2019, Alan Ray Chamberlain, Co -Trustee oft e Chamberlain Trust Address: PO Box 43 Denton, TX 76202 ACKNOWLEDGMENT 321=91NOTIF-11IME"I This instrument was acknowledged before me on - ------ ------ - ----------------- - - - - - - --- . .... . 1 2019, by Alan Ray Chamberlain, Co -Trustee of the Chamberlain Trust. Notari P lie State of. Linda Adele Duffy Chamberlain, Co -Trustee oft e Chamberlain Trust Address: PO Box 43 Denton, TX 76202 61MAUM %2BffiN ffjJ0TdF#j&VM This instrument was acknowledged before me on --- ---------------- 2019, by Linda Adele Duffy Chamberlain, Co -Trustee of the Chamberlain Trust. Notary Signature: _ _ Notary Public, State o Mv commission extD)ir] Please return to: EnLink North Texas Gathering, LP Tres Poynor 1209 CR 1304 Bridgeport, TX 76426 OF WAY i-703- D.R.D.C.T 771E CWWWRIM TRUST VOL 4522, PC IM6 D.R.D.C.T NO' 00' WE 55.00' ROSELAVM DRIVE VARIABLE WIDTfl R.O.W. JW DRY FORA' CREEK R4#u^H 1ASTRilMiNr NO. 2014-68579 D.R.D.0 T Exhibit A li ri 0 qf THE CMAI&RIAN TRUST WL. 4522, PG. 1.336 N90* 00' WE D.R.D.C.T 35.00' -�E� IY2" I.R. SO' 00' WE 75.00' N N90* 00' 00"W '0 NO 1/2' IR /-15.00, W�'GAI* CAP Y2" I.R. N4500' W"W BEGINNING r -I- LOAVhVRN 001WIL BOY SCOUT FWNDA&W, INC. DR. VOL. 004M, PC, 526 D.R.D.C. r PARCEL 34-ROW-2 35' RIGHT-OF-WAY BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE. BEING A 2,425 SQ. FT./O.056 ACRE PARCEL SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS Graham Associates,inc. GRAPHIC SCALE 1",=100' CONSULTING ENGINEERS & PLANNERS eoo CP S404m 'FBPEnRWF-119lrr8PL$FI , :1015" 0 100 200 I JBG DRAWN BY: ------------------- .- DATE: JANUARY2DIG PROJECT NO.: 90-1006 SHEET I OF 2 FILE NAME: J.\KNTON\BONNIE 34-ROW-2.DWG PARCEL NO.34-ROW-2 LEGAL DESCRIPTION RIGHT OF WAY DEDICATION Being a 0.056 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod with "GAP' cap, being the south comer of said Chamberlain tract, also being a point in the north right-of-way line of Roselawn Drive as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 45"00'00" West, along the south line of said Chamberlain tract and said north right-of-way line of Roselawn Drive, being a common line, a distance of 28.28 feet to a found 1/2 inch iron rod with "GAI" cap, being a point in the east right-of-way line of South Bonnie Brae Street (a 95 foot wide right-of-way) as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 00000100" East, leaving said common line, along said east right-of-way line and the west line of said Chamberlain tract, being a common line, a distance of 55.00 feet to a set 1/2 inch iron rod with "GAI" cap; THENCE North 90000'00" East, leaving said common line, a distance of 35.00 feet to a set 1/2 inch iron rod with "GAI" cap; THENCE South 00°00'00" East, a distance of 75.00 feet to a set 1/2 inch iron rod with "GAI" cap, said point also being the south line of said Chamberlain tract, also being a point in said north right-of-way line of Roselawn Drive; THENCE North 90000'00" West, along the south line of said Chamberlain tract, and said north right-of-way line of Roselawn Drive, being a common line, a distance of 15.00 feet to the POINT OF BEGINNING and CONTAINING 2425 square feet, 0.056 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 CROSSTEX RIGHT OF WAY INST`. NO, 2003-175333 D R.D.C.T. A=2' 13' 33" R=2432.50' T=47.25' L=94.49'�- N1'06'46"W E Lc=94.48' THE CH 6rPL41N TRUST ►roc. 4522, AG 1336 NO' 00' 00"E D.R.D.C.T. 162.50' N90' 00' 00"W 4.52' I.R. POINT OF]loo ._.................... .�w�.�� BEGINNING S45' 00' 00"W 21.92' JK DRY FORK OR££K RANCH 1N67RUAI£NT NO.. 2014-66579 D.R.D.C.T. Exhibit A Sheet 3 of 4 u I.R. I ,I ww 9 27' 20"E �5 32.91' I 7H£ CIM&CMLAIN TRUST Is EI VOL.4522, PG. IM6 �........._ ORO.C.T. SO' 00' 00"E J-4.......110.36' F 95i R.O.W. -.I.. 1 ._ _...—,�. .a1 IyD A/2" IR " W,(GAI CAP ROSELAWN DRIVE I I (VARIABLE WIDTH R.O.W.) -------_, ._.... ............ _ 1-7 \ \ m\ \ W \ \ LONGHORN COUNCIL b0Y SCOUT Z \ FOUNDATION, INC. DR. 9 I VOL. 00450, PG. 526 I RR.D.C.T. dN I I y wy p BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE PARCEL 34-ROW-3 20' RIGHT-OF-WAY BEING A 3,647 SQ. FT./0.084 ACRE SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1 "=100' CONSOSIXRA N�GI�NEUM5W PLANNERS MENEEMEn- aft AMIN", , 7tl I M IM FM1 r-1191 :101 0 100 200 in, DRAWN BY: JBO CWC M BY: MPB DATE: NOV. 2015 PROJECT NO.: 900-1006 SHEET 1 OF 2 FILE NAME: J,,\DEMON\BONWE BRAE\CAD\EXHIBITS\ROW\TODD\PARCEL 34-ROW-3.DWG PARCEL NO.34-ROW-3 LEGAL DESCRIPTION RIGHT OF WAY DEDICATION Being a 0.084 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod with "GAI" cap, being the south corner of said Chamberlain tract, also being a point in the north right-of-way line of Roselawn Drive as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 90°00'00" West, along the south line of said Chamberlain tract and said north right-of- way line of Roselawn Drive, being a common line, a distance of 4.52 feet to a SET 1/2 inch iron rod with "GAI" cap, THENCE North 00°00'00" East, leaving said common line, a distance of 162.50 feet to a set 1/2 inch iron rod with "GAP' cap, said point also being the beginning of a tangent curve to the left, having a radius of 2432.50 feet, a chord bearing of North 01°06'46" West and a chord length of 94.49 feet; THENCE along said tangent curve to the left, through a central angle of 02°13'33", for an arc distance of 94.50 feet to the west line of a Crosstex CCNG Transmission, Ltd. right of way, as described in Instrument No. 2003-175333, Deed Records, Denton County, Texas; THENCE South 09°27'20" East, along said west line, a distance of 132.91 to a set 1/2 inch iron rod with "GAP" cap, said point also being the east line of said Chamberlain tract, being a point in the west right-of- way line of South Bonnie Brae Street (a 95 foot wide right-of-way) as described in Instrument No. 2014- 29352, Deed Records, Denton County, Texas; THENCE South 00°00'00" East, along the east line of said Chamberlain tract and said west right-of-way line of South Bonnie Brae Street, being a common line, a distance of 110.36 feet to a found 1/2 inch iron rod with "GAI" cap, being a point in the south line of said Chamberlain tract, also being a point in said north right-of-way line of Roselawn Drive; THENCE South 45°00'00" West, along the south line of said Chamberlain tract, and said north right-of- way line of Roselawn Drive, being a common line, a distance of 21.92 feet to the POINT OF BEGINNING and CONTAINING 3,647 square feet, 0.084 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 Exhibit B CROSSTEX RIGHT OF WAY - ._pI ji Lu --a 20' UTILITY & SLOPE EASEMENT INST. NO. 2003-175333 ' I c �F D.R.D.C.T. II I� w I N90- 00' 00"W " I 35.00'�. � N � o vz o " I N90' 00' 00"E N 0 00' 00 nE I .I m z " I 50.00 THE CI �BI,9tWCi1IN TRUST 15,00' II IIVOL. SO' 00' 00"E D.R.D. 4522, PG. 113s co A'lE CI,I�4w'1 MWN TRUST I W90.00, ItIl. 4522, PC. IM6 I I 15' TEMPORARY D.R.D.C.T. I I tl CONSTRUCTION EASEMENT NO 00 00�� E 75.00' I l I PROPOSED 35' RIGHT—OF—WAY 771 DEDICATION DRAINAGE ESMT. INST NO. I I DRAINAGE ESMT. INST NO. �.. J I II ®..3 2014-29352, D.R.D,C.T, I 2014-29 5 52, D. R.D.C.T. ROSELAWN DRIVE POINT OF (VARIABLE -r ow) *�— WIDTH R, FN�2-_,L�R Gk CAP ✓&L DRY FORK CREEK R4KH N90 00 0 E " S89* 59 33 W INSTRUMENT NO. 2014-66579 15.00' I ' D.R.D.C.T. I 1 5.00 POINT OF C ° ' L06HORN COUNCIL 6OY SCOUT BEGINNING l 1 FOUNDATION, INC. DR. WL. 00450, PG 526 I " I D.RD.0 r r m.__............... _..... . BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE. PARCEL 34-TCE-1 15' TEMPORARY CONSTRUCTION EASEMENT BEING A 1,875 SQ. FT./0.043 ACRE PARCEL SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, CITY OF DENTON, DENTON COUNTY, TEXAS - Graham Associates,lnc. GRAPHIC SCALE 1 "=100' CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 6W ARIJNGTON, TEXAS 76011 (817) 640. M F] TBPEFIRM:F-1191/TBPLSFIRM: 101638.00 0 100 200 rin, . .......... DRAWN BY: GIA CHECKED BY: MPB DATE: MAY 2017 PROJECT NO.: 960-1001 SHEET 1 OF 2 FILE NAME: J:\DENTON\BONNIE BfOE,\CAD\EXHII18T \ROW\I`0f7D\PAI CR 34-TCE-I.DWO M'Tr� `i �' i PARCEL NO. 3 4-TCE- 1 LEGAL DESCRIPTION 15'TEMPORARY CONSTRUCTION EASEMENT BEING A 1,875 SQ. FT. /0.043 ACRE PARCEL SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.043 acre tract of Ltud situated in the James Fdrnonson Survey, Abstract No. 400, Denton County, Texas, being a portion of CharnberhunTrust, as, recorded in Volume 4522, page 1336,13eed Records, Denton County, being niorc particularly described by rnetes and bounds as follows: COMMENCING at a found 112 inch iron rod with "GAI" cap, being the southwest corner of said Chamberlain tract, also being the intersection of the north right-of-way line of Roselawn I)rive (a variable width rigbt-of-way) and the east right-of-va"ry line of South BoTmie Brae Street (a 95' right-of-way) as described in instrument No. 2014- 29352, Deed Records, Denton County, Texas; THENCE North 90"00'00" East, departing the intersection of said Roselawn Drive and South Bonnie Brae Street, along the south line of said Chamberlain tract and the north right-of-way line of said Roselawn Drive, being a coninion line, a distance of 15.00 feet for the POINT OF BEGINNING; THENCE North 00'00'00" East, departing the south line of said Chamberlain tract and the north right-of-way line of said Roselawn Drive, a distance of 75.00. feet to a point; THENCE North 90'00'00" West, a distance of 35.00 feet to a point, said point being in the west line of said Chamberlain tract and the cast right-of-way line of said South Bonnie Brae Street; THENCE North 00'00"00"' F'ast, along the west line of said Chamberlain tract and the east right-of-way line of said South Bounie Brac Street, a distance of 15.00 feet to a point; THENCE North 90*00'00" West, departing the west line of said Chamberlain tract and the east right-of-way line of said South Bonnie Brae Street, a distance of 50.00 feet to a point; THENCE South 00000100" East a distance of 90.00 feet to a point, said point being in the south line of said Chamberlain tract and the north right-of-way line of said Roselawn Drive; THENCE South $9059133" West, along the south line Of said Chamberlain tract, and the north right-of-way line Of said Roselawn Drive, being a common fine, a distance of 15.00 1et to the POINT OF Rri.'GINNING and CONTA11NING 1,875 square feet, 0,043 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 n.1 CROSSTEX RIGHT OF WAY UJl INST. NO. 2003-175333 7H£ 01AMI)FRIA11V 7RUST D.R.D.C.T. III WL �2Ak IJ36 N87 25' 46"E 15.00' N w , A=2' 34' 14" l R=2417.50' T=54.24' L=108.46' N1a17'07"W Lc=108.45' W 00' 00"E 162.50'- N90 00 00"W`� 15.00' DRAINAGE ESMT. INST NO. _I 2014-29352, D.R.D.C.T. ----------POINT -� BEGINNING N90' 00' 00"W 4.50' J& DRY FORK CREEK RANCH 1A5VUA!£NT NO. 2014-66579 D.R.D.CT. A=2' 34' 14" R=2432.50' T=54.57' L=109.13' S1617'07'E Lc=109.12' 7H£ CHAD"BWMIN TRUST WL 022, PC 1.%T6 D.R.D.C.T. S0' 00' 00"E 16.50" RAINAGE ESMT. MST NO. r— 2014-25352, D.R.D,C.T. POINT OF ROSELAWN DRIVE I�EN�r'I (VARIABLE WIDTH R O.W.) ---I--� TND 1 2 1R LONGHORN COWNCIL BOY SCOUT a TOUNL?A71ON, 1NC DR. WL. 00450, PG526 D.RD.CT. BASIS OF BEARINGS IS NORTH AMERICAN DATUM PARCEL 34—TCE-2 �VSTEM, T� ORTH STATE PLANE COORDINATE. 15' TEMPORARY CONSTRUCTION EASEMENT BEING A 4069 SQ. FT./O.093 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, CITY OF DENTON, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1 "=100' CONSUL TING ENGINEERS & PLANNERS (100 SIX FLAGS DRNE, SUITE 600 ARUNGTCN, TEAS 76011 (61-n 610r65 "'i TEE FIRM: F-i19IfMPLS FIRM„ 10153M 0 100 200 DRAWN BY: GAI CHECKED BY: MPB DATE: MAY2017 PROJECT NO.: 960.1001 SHEET 1 OF 2 FILE NAME: J:\DENTO'N\8ONNIE BRAF,\CAT)\EXHisiT a\,d 091 \rot)o\rjArT CEI. 34—TCE-2.DWG S11heet 4 of PARCEL NO.34-TCE-2 LEGAL DESCRIPTION 15' TEMPORARY CONSTRUCTION EASEMENT BEING A 4069 SQ. FT. /0'.093 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO.400, CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.093 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with "GAI" cap, being the southeast corner of said Chamberlain tract, also being the intersection of the north right-of-way line of Roselawn Drive (a variable width right-of-way), and the west right-of-way line of South Bonnie Brae Street (A 95' right-of-way) as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 90°00'00" West, along the south line of said Chamberlain tract and north right-of-way line of said Roselawn Drive, being a common line, a distance of 4.50 feet for the POINT OF BEGINNING, THENCE North 90°00'00" West, continuing along said common line, a distance of 15.00 feet to a point; THENCE North 00°00'00" East, leaving said common line, a distance of 162.50 feet to a point for the beginning of a tangent curve to the left having a central angle of 02'34' 14", a radius of 2417.50 feet and a chord of 01°17'07" W, 108.45 feet; THENCE along said tangent curve, an are distance of 108.46 feet to a point; THENCE North 87°2546" East, a distance of 15.00 feet to a point for the beginning of a non -tangent curve to the right left having a central angle of 02°34'14", a radius of 2432.50 feet and a chord of S 01°1T07" E, 109.12 feet; THENCE along said tangent curve, an are distance of 109.13 feet to a point; THENCE South 00000'00" East, a distance of 162.50 feet to the POINT OF BEGINNING and CONTAINING 4069 square feet, 0.093 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 Qs= 83), North Central Zone, Texas. Page 2 of 2 • n Spy"ur Jvw,�www^�"�� °day �S t Ilk n a f �1 p � '. d! 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I- 20" LLJ N - N N1 v> U 668 664 z U W Z u.ii 664 660 w c� t� 0 d'flLz w U W o� 5 o 660 m z z z 4 r OF W 656 � 656 n r� Aq r1 - to n cn 04 652 O N N o6 o6 N 652 0 � N O CX:'�N W tO 00 00 n 11, �"'a, + 640 .. ...__., �, +, e, + + ° _ + 644 co } +_. + V N N... n, 644 644 Ln 0 } + + 640 636 636 632 632 a_ 628 a m 628 624 624 620 620 616 t 616 612 PROPOSED +7 o 0 612 608 41N PIPELINE 608 604 604 600 600 LQ N inL a � n a 00 w' O p 100 0 000 O O onm Wppmm 000N 00 O O O b O O O N 0.m0 NN (.. mm ON ++++ ++ + ++ + ++ g+ + 0 00 0 00 O +++++N+ N+ N N N N N M 00 nnN 0� 0 00 „„_,...... N N OO t0M�0 0�0E OOYI No] N � 00 w NN 0! V) O M Il 00 Y 0 F N 00 00 00M 0 0I mO 0.Oioi O cV N N M N N F Q M Mb M MM «M MM� MM l0 � b � 10 10 ILl m � m,0 lO 1L1 .0 1LI 1p 10 10 t0 tD .O t[I 10 t0 b 10 t[I W DRAWING //i//,/,'1,'r�",, ,,Ci1 ,roil/liiiri%/i/////iiriai��iiv�rc,/r/i/iiaoiiirii�„��aa��ii,,,/iir,/, I CaaneicC Detailed Cast Sumrpary /!!Gl/l/„r/i / a��,,.ir,,,o// „ ,,.. c. /////�;�,��, ri/� ��,�n/H/, ; /ai%/lei, ,,,,,,,/ ro ✓ i�li,iioii�, �,..-/i/ �1 ,�r��,/i i/ ".G,/,r ,�,.,. �, //"/ .. %/./% ..��,%/ I 1 I EXHIBIT 1 attachment to • i Agreemeni �/ 11;''% IV r i 0/ �i 1 Ils � 1 1 I � I WON,", lilmi 11 MEMMUNWw" Row Coltma W.rk D.v 4 1 sasaxo $3,400 OD nk Lot 1. S2,500m $2,500,00 ANARl- Lot A $2,500.00 Sunny, Pl.n, Al lgr—nt Sh-m FW 200 $200 $40000 &Wlm L.% $3,000.00 I MIEN NON 111 /0220 �� 111 Mm' mN, SEPM 10 M N/l/i i RONNIE i I i ,/, V or,coignect00-0- l -44,4, Summary ROWC.ntractWork My 5 MOM MI. Lot I $21500M ... ..... II Il Sig M 1 P I I I �F// l r f�,,• 1 U l I i I MEN, m7i ROW Comma Work Samoa $3,400,m i i rri 1 ,rill r � f rrr J LETTER OF UNDERSTANDING The City of Denton, Texas (the "CITY") and North Texas Contracting, Inc. (the "OWNER"), have reached mutual agreement ( the "Understanding") pertaining to the CITY's request for grant of Temporary Construction, Grading and Access Easement on behalf of and to be vested to EnLink North Texas Gathering, LP ("EnLink"), across lands in the City of Denton, Texas referenced by Denton Central Appraisal District as Property 744267 (the "Property"), in association with the pending Bonnie Brae Widening and Improvement Project (the "Project"). The CITY and EnLink are in the process of entering into a Rearrangement and Abandonment Agreement for relocation of pipeline facilities that are in conflict with CITY's planned road Project improvements. Delivery by CITY of Temporary Construction, Grading and Access Easement in favor of EnLink is a contemplated component of that prospective Rearrangement and Abandonment Agreement. The general terms of the UNDERSTANDING are as follows: • The OWNER shall execute the Temporary Construction, Grading and Access Easement, in the form attached hereto as Exhibit "A", by and between OWNER and EnLink Midstream Services, LLC, entailing the grant of 0.219 acre temporary easement encumbering the Property (southeast corner of the intersection of South Bonnie Brae and Vintage Boulevard), for a purchase price of NINETEEN HUNDRED AND TEN DOLLARS AND NO CENTS ($1,910.0), to be paid by the CITY. • The Temporary Construction, Grading and Access Easement purchase transaction referenced herein shall be closed and funded by the City of Denton within 30 days of formal authorization by the Denton City Council the Rearrangement and Abandonment Agreement. City of Denton, "�I"emis Y Todd Hileman, City Manager North Texas Contracting, Inc. By Printed Name: Title: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY B Y" Date: . ;, , „ ? Date THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO financial and operational obligations and business tee°nos, IV .. ( V -qu w rnent / Date. ` STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That NORTH TEXAS CONTRACTING, INC., a Texas corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by ENLINK NORTH TEXAS GATHERING, LP, a Texas limited partnership (herein called "Grantee"), with an address of 1722 Routh Street, Suite 1300, Dallas, Texas 75201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, unto Grantee a temporary construction easement in, along, upon, under, over, and across the following described property (the "Property"), owned by Grantor and situated in the William Roark Survey, Abstract Number 1087, Denton County, Texas, to wit: Grantee, its agents, employees, contractors, workmen, and representatives shall have the right to use or access the surface of the Property, in any way, manner, or form, in connection with Grantee's construction activities, including, but not limited to, pipeline bores, whether vertical or any deviation from vertical, pit areas, and/or for subjacent or lateral support for any facilities or pipeline bores, or any other infrastructure or improvement of any kind or type in connection with or related to Grantee's construction activities. It is agreed that the said Grantee shall have the right from time to time to remove any fences, signage, buildings, trees, undergrowth, brush, or other obstructions on the Property described above, that, in Grantee's judgment, may injure, endanger, or interfere with Grantee's construction activities, grading activities, access in, along, upon, under, and across the Property, or exercise by Grantee of any other rights herein granted. Grantee shall not be liable for damages on the Property by keeping it clear of fences, signage, buildings, trees, undergrowth, brush, or other obstructions. Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress, and regress in, along, upon, under, and across said Property for the purpose of its construction activities or any part thereof. The term of this Temporary Construction, Grading, and Access Easement shall expire on September 30, 2019 and thereby requiring no further actions by the parties hereto in respect to a formal release. TO HAVE AND TO HOLD unto the said Grantee as aforesaid for the purposes aforesaid th* premise above described. EXECUTED the 13 day of .-AAet4t . .......................................... 2019� COUNTY OF This instrument was V � of North Texas Contracting, Inc., a Texas corporation, on behalf of said corporation. Notary State of Texas My commission expires: e -.,r-z- . . ...... ..... . - JOAS PARTNERS, L.P. I ' VOLUME 420J, PAGE 855 Ij 177) RCCOfu'I)T)a DENTON COUNTY, TEXAS I d it 111 i q a ° POINT OF N43' 51' 46"E BEGINNING 42.25' p n p FIND I.R. WL "GN' W VINTAGE BOULEVARD G N89' 06' 12"E (VARIABLE WIDTH RIGHT—OF—WAY) n , "GAI" W GAI CAP I ' .—.I:..F�....� p I I 70 00' N1' 22' 41 "W ° ° L c ..- 52.10 a 100.00 W "GAI" CAP �I 0=1' 12' 36" S89' 06 1. `W R=847.50' 100.01 T-8.95 d L=17.90' cn� 4 NO'46'23 �W j Lc-17.90 I m �2 JOA8 PARTNERS �.. __ < � w I @ u INST. NO. 98-009,5,, 5 I R^ " �• k r D. R D.C.T. S OF BEARING IS NORTH AMERI'CAN DATUM 1983 (NAD-83) STATE PLANE COORDINATE fEM, TEXAS NORTH CENTRAL ZONE. EXHIBIT A BEING A 0.219 ACRE (9,542, SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT JOAB PARTNERS, LP. INST. NO. 98-0095955, DEED RECORDS, DENTON COUNTY, TEXAS SITUATED IN WILLIAM ROARK SURVEY, ABSTRACT NO. 1087 CITY OF DENTON, DENTON COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1 "=100' CONSULTING ENGINEERS & PLANNERS�� 600 SIX FLAGS DRIVE, SUITE 500 I ARLINGTON, TEXAS 76011 (817) 640-8535 0 200 TBPE FIRM: F-1191ff8PLS FIRM:101538-00 DRAWN BY: GAI DATE: 7/11/2018 PROJECT NO.: 960-1001 Page 1 of 2 TIE N46 BEING a 0.219 acre tract of land situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, being a portion of a tract of land conveyed to Joab Partners L.P. as recorded in instrument No. 98-0095955, County Clerk Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found'/2 inch iron rod with a "GAT" cap, said point being on the north line of Joab Partners tract and South line of Vintage Boulevard right-of-way THENCE North 89°06' 12", along north common line of Joab Partners tract and South line of Vintage Boulevard right-of-way, a distance of 70.00 feet to a point for corner; THENCE South 1 ° 16' 19", a distance of 100.00 feet to a point for corner; THENCE South 89106' 12" West, to the east line of South Bonnie Brae right-of-way (variable width right-of-way), a distance of 100.01 feet to a point for corner; said point also being on a curve to the left, having a radius of 847.50 feet, a chord bearing of North 0°46'23" West, and a chord length of 17.90 feet; THENCE along said curve to the left, through a central angle of 1°12'36", for an are distance of 17.90 feet, along the east line of South Bonnie Brae right-of-way (variable width right-of-way), being a common line, to a set %2" iron rod with "GAT" cap; THENCE North 1°22'41", along said east Bonnie Brae right-of-way line, a distance of 52.10 feet to a set '/2" iron rod with a "GAP' cap; THENCE North 43°51'46", along said east Bonnie Brae right-of-way line, a distance of 42.25feet to the POINT OF BEGINNING and CONTAINING 9,550 square feet, 0.219 acres of land, more or less. Basis of Bearing is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 LETTER OF UNDERSTANDING The City of Denton, Texas (the "CITY") and Alan Ray Chamberlain and Linda Adele Duffy Chamberlain, not personally but as Trustees on behalf of The Chamberlain Trust (the "OWNER"), have reached mutual agreement ( the "Understanding") pertaining to the CITY's request for a Right of Way Agreement, on behalf of and to be vested to EnLink North Texas Gathering, LP ("EnLink"), across lands in the City of Denton, Texas referenced by Denton Central Appraisal District as Property 37015 (the "Property"), in association with the pending Bonnie Brae Widening and Improvement Project (the "Project"). The CITY and EnLink are in the process of entering into a Rearrangement and Abandonment Agreement for relocation of pipeline facilities that are in conflict with CITY's planned road Project improvements. Delivery by CITY of alternative right-of-way in favor of EnLink is a contemplated component of that prospective Rearrangement and Abandonment Agreement. The general terms of the UNDERSTANDING are as follows: an The OWNER shall execute the Right of Way Agreement, in the form attached hereto as Exhibit "A", by and between OWNER and EnLink Midstream Services, LLC, entailing the grant of 0.140 acre permanent easement (0.056 acre and-0.084 acre) and 0.0127 acre temporary easement (0.084 and 0.043 acre), all encumbering the Property (3900 Roselawn Drive), for a total purchase price of TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00), to be paid by the CITY. The alternative right-of-way purchase transaction referenced herein shall be closed and funded by the City of Denton within 30 days of formal authorization by the Denton City Council the Rearrangement and Abandonment Agreeiiieiit. f L__L� � Date. --- Todd Hileman, City Manager, City of Denton ... � .�JleA ... .... a._ _.... Date: 1 -Zof s Alan Ray Chamberlain, Co -Trustee of The Cl ainberlain Trust Lly ...._ Date: Linda Adele Duffy (h ar ra.berl a i i , , -Trustee of The Chamberlain Trust APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO financial and operational obligations and business terms. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGII- T-OF-WAY AGII.EEMEN'1" Line Name: AFE: STATE OF TEXAS COUNTY OF DENTON This Right -of -Way Agreement ("Agreement") is granted by Alan Ray Chamberlain and Linda Adele Duffy Chamberlain, as Co -Trustees of The Chamberlain Trust, with a mailing address of PO Box 43, Denton, TX 76202 (collectively, "Grantor") to EnLink North Texas Gathering, LP, with a mailing address of 1722 Routh Street, Suite 1300, Dallas, Texas 75201 ("Grantee"). For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, bargains, sells, and conveys to Grantee, its successors, and assigns, the perpetual right, privilege, right-of-way, and easement (the "Easement") to survey, construct, maintain, operate, inspect, monitor, test, protect, relocate, reconstruct, repair, alter, replace, change the size of, and remove (or abandon in place, in Grantee's election) one (1) pipeline, together with all above and below -ground appurtenant equipment and facilities as may be necessary or convenient for the gathering and/or transportation of oil, natural gas, petroleum products, fresh water, saltwater, or any other liquids, gases (including inert gases), or substances that may be transported by pipeline, whether fluid or gaseous, including any products, derivatives, combinations, or mixtures of any of the foregoing across, under, and through Grantor's lands in Denton County, Texas, described as: Being a Tract of Land situated in the J. Edmonson Survey, Abstract No. 400, Denton County, Texas, and being a portion of a called 19.823 acre tract, in the deed to The Chamberlain Trust, as recorded in Volume 4522, Page 1336 in the Official Public Records of Denton County, Texas (the "Lands"). The location(s) of the Easement granted herein are described in the attached Exhibit A. Grantee and its agents, employees, contractors and subcontractors have the right to temporarily access, use, and occupy those certain portions of the Lands identified as the Temporary Construction Easement on the attached Exhibit B (the "Temporary Construction Easement") as may be reasonably necessary for the uses permitted hereby, including, but not limited to, initial construction and subsequent maintenance, inspection, repair, and operational activities. Grantee, its successors and assigns, have the right to hold the Easement so long as it is used by, or useful to, Grantee for the purposes stated herein. Grantor and Grantor's heirs, legal representatives, successors, and assigns are hereby bound to warrant and forever defend all and singular the Easement unto Grantee, its successors, and assigns, against all persons whomsoever lawfully claiming or to claim the same, or any part thereof. Except as otherwise provided herein, Grantor reserves the right to use the Lands in any manner that will not prevent or interfere with Grantee's exercise of the rights granted herein; provided, however, Grantor may not construct, nor permit to be constructed, any building, improvement, structure, permanent impoundment of water, or any other obstruction of any type within the boundaries of the Easement or unreasonably near Grantee's pipeline or facilities without the express prior written consent of Grantee, to be given or withheld by Grantee in its sole discretion. Grantee shall have (a) the right to prevent such construction within the boundaries of the Easement or unreasonably near Grantee's pipeline or facilities, and (b) the right to remove buildings, improvements, structures, permanent impoundments of water, and other natural or man-made obstructions of any type, including trees, brush, roots and other growth, within the boundaries of the Easement or unreasonably near Grantee's pipeline or facilities. Grantor shall not, and shall not permit any third party to, change the grade of the Easement or remove any cover over the pipeline without the prior written consent of the Grantee. Grantor shall not construct, or permit to be constructed, any road, including a private road or driveway, over or across the Easement without first notifying Grantee, and Grantor agrees to comply with Grantee's reasonable requests and conditions relating to the safety and/or integrity of the pipeline. Said notice shall be in writing and sent to the attention of Grantee's Land Department at the address provided above. Grantee and its agents, employees, contractors, and subcontractors will have all of the rights and benefits necessary or convenient for Grantee's exercise of the rights granted herein, including, but not limited to, (a) the right of ingress and egress over and across the Lands within the Easement, (b) the right to use any roads on the Lands and adjacent lands of Grantor, and (c) the right, from time to time, to cut or remove all trees, undergrowth, brush, and other obstructions on the Lands that, in Grantee's judgment, may injure, endanger, or interfere with the Easement or the exercise by Grantee of the rights granted herein. Grantee shall not be liable for damages on the Easement, the Temporary Construction Easement, or any other extra work space by keeping them clear of trees, undergrowth, brush, or other obstructions. If the route of the pipeline to be constructed hereunder crosses any road, railroad, creek, waterway, uneven terrain, or other place requiring extra work space in Grantee's exercise of the rights granted herein, Grantee will have the right and temporary access to such additional work space as may be reasonable and necessary during the initial construction. Furthermore, if Grantee must bore any portion of the pipeline, Grantor authorizes Grantee to dispose of the drilling mud generated during the pipeline boring operations by land farming the drilling mud into the spoil piles located on or adjacent to the Easement. Grantee may assign this Agreement in whole or in part upon giving written notice to Grantor regarding said Assignment. If Grantee assigns or transfers its interest in whole or in part, Grantee shall be relieved of all obligations thereafter arising hereunder with respect to the transferred interest, and the failure of the transferee to satisfy such obligations shall not affect the rights of Grantee with respect to any interest not so transferred. At the time of construction and installation, Grantee will bury the pipeline a minimum of thirty-six (36") inches below the surface or below any then -existing drainage ditches, creeks and roads, as measured from the top of the pipe to the surface of the ground. Grantee will pay for any physical damage to growing crops, timber, fences, or other structural improvements directly caused by Grantee's exercise of the rights granted herein, except for any damages caused by maintaining and clearing of the Easement as permitted herein. The parties agree that the consideration received by Grantor in connection herewith includes payment for all injuries and damages to the Lands by Grantee's initial construction of the pipeline, including, but not limited to, crop and land surface damages. This Agreement constitutes the complete and final expression of the parties' agreement relating to the subject matter and supersedes the parties' previous contracts, agreements, and understandings, whether oral or written, relating to such subject matter. This Agreement may not be modified, or any of the terms hereof waived, except by a written instrument referring specifically to this Agreement executed by the parties. This shall be a covenant running with the land and shall extend to and be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns; provided, however, that the holder of rights hereunder shall not have obligations with respect to the negligence, willful misconduct, or other actions of the holder's predecessors or successor or assigns. If any provision hereof is held to be unenforceable, this Agreement will be considered divisible and such provision will be deemed inoperative to the extent it is deemed unenforceable, and in all other respects this agreement will remain in full force and effect; provided, however, that if any such provision may be made enforceable by limitation thereof, then such provision will be deemed to be so limited and will be enforceable to the maximum extent permitted by applicable law. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Grantor has executed this ca r e, VI 2019. Right -of --Way Agreement this day of Alan Ray Chamberlain, Co -Trustee of the Chamberlain Trust Address: PO Box 43 Denton, TX 76202 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on /111G 2019, by Alan Ray Chamberlain, Co -Trustee of the Chamberlain Trust. * h ED CROPP W My Notary 10 # 126230434 �+ Expires August 24, 2�019 �" -:4 Linda Adele Duffy Charall er l Address: PO Box 43 Denton, TX 76202 STATE OF TEXAS COUNTY OF DENTON Notary Signature: _' Notary Public, State of My commission expires: Trustee of the Chamberlain Trust ACKNOWLEDGMENT This instrument was acknowledged before me on , .. . m , 2019, by Linda Adele Duffy Chamberlain, Co -Trustee of the Chamberlain Trust. Ar Notary g Signature: ol ED CROPP Notary Public State of. .... My Notary ID # 12623043 , ' .• * " Expires August My commission expires: _ w y — Please return to: EnLink North Texas Gathering, LP Tres Poynor 1209 CR 1304 Bridgeport, TX 76426 Exhibit A CROSSTEX RIGHT OF WAY II _ ...._ N INS]", NO. 2003-175333 D.R.D.C.T. 9 1 ICe kO. N 11 ev LLJ THE ChWWRIAIN TRUST 1 c1 o I � lHl" CHAW%0 IROST VOL 4522, PG W6 I z"Z i VOL 4522, PG. W6 O.R.D.C.T., I Q N90' 00' 00"E D.R.D.C.T. I .....35.00' NO' 00' 00"E_I'l „ I I SEA " I R. 55.00' I T I �0. I.R. SO' 00' 00"E I fi"k/-15.00' 75.00' M I 1N90' 00' 00"W I I .ETFi)0 '1�2" IRlfi, GAI cAP I.RROSELAWN DRIVE � N45' DO do"VV _ NING 1 1. WIDTH Fr 0 w) _ w. _ �28.2 1 1 ✓�L DRY FORK CREEK RANCH w LONGHORN COUNCIL BOY SCOUT 1NSTR11YOW NO.. 2014-66579 IiI VOL.UN0045N, INC 26 DW D..C.T. Y N00450, PG 526 I D.R.D.C.T. I I� I BASIS OF EARINGS IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE, PARCEL 34—ROW-2 35' RIGHT—OF—WAY BEING A 2,425 SQ. FT./O.056 ACRE PARCEL SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS Graham Associates, Inc. GRAPHIC SCALE 1 "=100' CONSULTING ENGINEERS & PLANNERS 800WFVWMMWM5w ARLAKi. TEXAS 7W lI (017) "MM E FIRM: F-1191RBPLS FlRM:10lMM 0 100 200 TBP�rw DRAWN BY: JBG CFIEG¢-0 BY. MPB DATE: JANUARY 2010 PROJECT NO.: 960.1000 SHEET 1 OF 2 FILE NME: J:\DENTON\BONNIE BRAE\(,AD\FXYIl iT�»\rioV"/" TOLD\PARC,FL 34-ROW-2.DWG PARCEL NO.34-ROW-2 LEGAL DESCRIPTION RIGHT OF WAY DEDICATION Being a 0.056 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod with "GAP' cap, being the south comer of said Chamberlain tract, also being a point in the north right-of-way line of Roselawn Drive as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 45000'00" West, along the south line of said Chamberlain tract and said north right-of-way line of Roselawn Drive, being a common line, a distance of 28.28 feet to a found 1/2 inch iron rod with "GAI" cap, being a point in the east right-of-way line of South Bonnie Brae Street (a 95 foot wide right-of-way) as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 00000'00" East, leaving said common line, along said east right-of-way line and the west line of said Chamberlain tract, being a common line, a distance of 55.00 feet to a set 1/2 inch iron rod with "GAI" cap; THENCE North 90°00'00" East, leaving said common line, a distance of 35.00 feet to a set 1/2 inch iron rod with "GAI" cap; THENCE South 00°00'00" East, a distance of 75.00 feet to a set 1/2 inch iron rod with "GAI" cap, said point also being the south line of said Chamberlain tract, also being a point in said north right-of-way line of Roselawn Drive; THENCE North 90000'00" West, along the south line of said Chamberlain tract, and said north right-of-way line of Roselawn Drive, being a common line, a distance of 15.00 feet to the POINT OF BEGINNING and CONTAINING 2425 square feet, 0.056 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 TTI£ CMU&C&NN TRUST VOL 4522, PG. 1.36 D.R.D.C.T. WAY ). 2003 'I D.R.D.C.T. A=2' 13' 33" R=2432.50' T=47.25' _ ..._ ..._..._ L=94.49' N1'06'46"W 5F mm Lc=94.48' I.R. NOT 00' 00"E 162.50' N90' 00' 00"W 4.52' -- -- -- --_ -- Y" I.R. -- ----- POINT OF BEwo GINNING ..._ �FN6 T/ Z 144 AI'- Cp S45' 00' 00"W 21.92' JAL DRY FORK CREEK RANCH INSTRUMENT NO. 2014-66579 D.R.D.C.T. Exhibit A Y I.R. 1 , 4i1 9` 27' 20"E 5 �� 1 32.91' JP P 4 THE 0140FR1,0V TRUST 1 SETVOL. 4522, PG. 1.R36 " I D.RD.C.T. I.R.1 SO' 00' 00"E , 1—110.36' +- t I 1 1 I 195( R.O.W. --I FIVD 12 IR WX"GAI CAP -- -® -- -- -- -• �. -� -4 - _ .--__ _ - _ . ROSELAWN DRIVE I I (VARIABLE MOTH R.O.W.) _ .. -..w 11 Lu II � LONGNORN COUNCIL BOY SCOUT ® FOUNDAAON, INC. DR. VOL. 00450, PG. 526 q D.R.D.C.T. co � II I I' I BASIS W OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE Sl"STEm, TEXAS NORTH CENTRAL ZONE'. PARCEL 34-ROW-3 20' RIGHT-OF-WAY BEING A 3,647 SQ. FT./O.084 ACRE SITUATED IN THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS Graham 1 ssoclates Vic" HI 1 =100' C SCALE " CONSULTING ENGIlNES � PLANNERS, GRAPHIC — p11 (817) e0 '_ IBM FIRM: F-1191nSKS Fftk 101MM 0 100 200 DRAWN W. JBG CHECI(ED BY: 11PB DATE: NOV. 2015 PROJECT NO.: 960.1WO SHEET 1 OF 2 FILE E: J:\DENTON\BONNIE BRA,ENCA1)\EXHIF,*TS\F�N\101)0\C°'A61C;FL 34-ROW-3.DWG PARCEL NO.34-ROW-3 LEGAL DESCRIPTION RIGHT OF WAY DEDICATION Being a 0.084 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod with "GAI" cap, being the south corner of said Chamberlain tract, also being a point in the north right-of-way line of Roselawn Drive as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 90°00'00" West, along the south line of said Chamberlain tract and said north right-of- way line of Roselawn Drive, being a common line, a distance of 4.52 feet to a SET 1/2 inch iron rod with "GAI" cap; THENCE North 00°00'00" East, leaving said common line, a distance of 162.50 feet to a set 1/2 inch iron rod with "GAI" cap, said point also being the beginning of a tangent curve to the left, having a radius of 2432.50 feet, a chord bearing of North 01 °06'46" West and a chord length of 94.49 feet; THENCE along said tangent curve to the left, through a central angle of 02° 13'33 ", for an arc distance of 94.50 feet to the west line of a Crosstex CCNG Transmission, Ltd. right of way, as described in Instrument No. 2003-175333, Deed Records, Denton County, Texas; THENCE South 09°27'20" East, along said west line, a distance of 132.91 to a set 1/2 inch iron rod with "GAI" cap, said point also being the east line of said Chamberlain tract, being a point in the west right-of- way line of South Bonnie Brae Street (a 95 foot wide right-of-way) as described in Instrument No. 2014- 29352, Deed Records, Denton County, Texas; THENCE South 00°00'00" East, along the east line of said Chamberlain tract and said west right-of-way line of South Bonnie Brae Street, being a common line, a distance of 110.36 feet to a found 1/2 inch iron rod with "GAI" cap, being a point in the south line of said Chamberlain tract, also being a point in said north right-of-way line of Roselawn Drive; THENCE South 45°00'00" West, along the south line of said Chamberlain tract, and said north right-of- way line of Roselawn Drive, being a common line, a distance of 21.92 feet to the POINT OF BEGINNING and CONTAINING 3,647 square feet, 0.084 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 Exhibit i CROSSTEX RIGHT OF WAY ~~ - ~. , .II 11 — w M w �-+ 20 UTILITY &SLOPE EASEMENT INST. NO. 2003-175333 II I' p Ial D.R.D.c.r. II I� w I N90� 00' 00"W II I' o I 35.00' Z v Z o 6 N90' 00' 00"E Cl z r Y 50.00' c coNO" 00' 00"E 11 �II I 7H£I�ILRLrN 7Rusr 1,5.00' N I SO' 00' 00"E WL. I6 o nl£ e7AWRIAIN 7Rusr co 90.00, ►rot. 4522, PC. IM6 -15' TEMPORARY D.R.O.C.T. NO 00 00 "E I I CONSTRUCTION EASEMENT , 75.00' - - PROPOSED 35' RIGHT-OF-WAY I , DEDICATION DRAINAGE ESMT, INST NO. I 1 1I I �I ,._ DRAINAGE ESMT. INST NO. J�2014-29352, D.R.D,C.T. 2014-29352, D.R.D.C.T. � - - -. ROSELAWN DRIVE POINT OF (VARIABLE WIDTH FND 112" AR 11f f GAN" CAP N900 W , Ob,'E- N - S89 59' 33"W ✓& DRY FORK CR££K RANCH INSTRUM£Nr N0. 20I4-66579 15.00 15.00' D.R.D.C.T. POINT OF ' LONGHORN COUNCIL 6OYS0011r BEGINNING ( 1 FOU04WN, INC. DR. WL. 00450, PG 526 I I + D.R.D.C. r, BASIS OF BEARINGS IS NO RTH AMERICAN DATUM OF 19 (NAD-89) .STATE PLAN[: (COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE PARCEL 34—TCE-1 15' TEMPORARY CONSTRUCTION EASEMENT BEING A 1,875 SQ. FT./O.043 ACRE PARCEL SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, CITY OF DENTON, DENTON COUNTY, TEXAS 77 Ln Graham Associates,lnc. GRAPHIC SCALE 1 "=100' CONSULTING ENGINEERS & PLANNERS _.. 600 SD(FLAGS DRIVE, SUITE 600 li ARLINOTON, TEXAS 76011 (817) 840 8535 TBPE FIRM: F-1191/iBPL8 FIRM:101536-00 0 100 200 DRAWN BY: GIA CHECIO=D BY: MPB DATE: MAY 2017 PROJECT NO.: 960-1001 SHEET 1 OF 2 FILE NAME: J:\DENTON\BONNIE[16arAIT\F;Xf11I11&\RC>"^yTODD\PA1EL 34—TrE-1,DWG PARCEL NO. 34-TCE-1 LEGAL DESCRIPTION 15'TEMPORARY CONSTRUCTION EASEMENT BEING A 1,875 SQ. FT. /0.043 ACRE PARCEL SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0,043 acre tract of land ii1ki;Itc(I in the James Edinonsoll Survey, Abstract No, 400, Denton County, Texas, beirIg a portion of The Chamberlain Trest, as recorded in Volinne 4522, Page 1336, Deed Records, Denton; County, 'rem", being moro pal,ticillarly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with "GAP' cap, being the southwest comer of said Chamberlain tract, also being the intersection of the norlh right-of-way line of Roselawn Drive (a variable width fight -of -way) and the east right-of-way line of South Bonnic Brae StTCOL (a 95' riglivof-way) as described in Instrument No. 2014- 29352, Deed Records, Denton County, Texas; THENCE North 90"00'00" EAS1, departing the intersection of said Roselawn Drive and South Bonnie Brae Street, t1lolIg -of-way line of said Roselawn j-)rive, being a ., the south line of said Chamberlain tract and the north right, call,",joij line, a distance of 15.00 feet for the POINT OF BEGINNING; THENCE North 00100'00" East, departing the south line of said Chamberlain tract and the north right-of-way line of said Roselawn Drive, a distance of 75.00 feet to a point; THENCE North 90'00'00" West, a distance of 35.00 feet to a point, said point being in the west line of said Chamberlain tract and the cast right-of-way line of said South Bonnie Brae Street; THENCE North 00100'00" East, along the west line of said Chamberlain tract and the east right-of-way line of said South Bonnie Brae Street, a distance of 15.00 feet to a point; THENCE North 90000,00" West, departing the west line of said Chamberlain tract and the east right-of-way line of said South Bonnie Brae Street, a distance of 50.00 feet to a point; THENCE South 00100100" East, a distance of 90-00 feet to a point, said point being in the south line of said Chamberlain tract and the north right-of-way line of said Roselawn Drive; uIENCE South 891159"33" West, along the south line of said Chamberlain tract, and (lie north right-of-way line of said Roselawn Drive, boing a corntnon [jric, a distance of 15,00 feet to the POINT ()F BE(ANNING and (,70NTAININ(w 1,975 stitrarc feet, 0,043 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2 EXHIBIT "B" .I CRO SS;I E„ RI I I f Or WAY ..III IN NO, 100 1 i w3 ro3 I� 7HE 044#11 RIAW ;RUST D.R.D.C.T. III WL 4522, PGA W6 I �, � O'cl N87 25 46 E I wl q0 15.00' I . A=2' 34' 14" R_ 2417.50' T=54.24 L=108.46' N1"17'07"W Lc=108.45' W 00' 00"E 162.50' N90' 00' 00"W 15.00' DRAINAGE ESMT. INST N0. 201 —2 SS2, D.R.D.C.T. � W POINT OF BEGINNING N90' 00' 00"W 4.50' J&L DRY fORK CR&W RWW IZTR U&r W. M14-8079 D.R.D.CT. A=2' 34' 14" R=2432.50' T=54.57' L=109.13' S1017'07"E Lc=109.12' THE ChWWR IN TRUST WL. 022, PG IM6 D.R.D.C.T. SO' 0000"E 165 n IAGE ESQ"I. INST N0. T 2014-203a2, D.R.D,C.T, POINT OF RAOS�EBLLAW TMDR DRIVE OMINCING FWD 1)2 IRr LONGHORN COUNCIL BOY SCOUT \\\ \\\ fOUN41T10N, INC. DR. WL. 00450, PG 526 D.R.D.C.T. BASIS OF BEARINGS IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE, `'' TEXAS NORTH CENTRAL. TONE. PARCEL 34—TCE-2. 15' TEMPORARY CONSTRUCTION EASEMENT BEING A 4069 SQ. FT./0.093 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, CITY OF DENTON, DENTON COUNTY, TEXAS Graham Associates, Inc. GRAPHIC SCALE 1"=100' CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 600 _. ARLINGTON, TEW 76011 (817) 640.8535 TBPEFIRM: F-119UTBPLSFIRM: 1016WM 0 100 200 ["n DRAWN BY: GAI CHECKED BY: MPS DATE: MAY 2017 PROJECT NO.: 960-1001 SHEET 1 OF 2 FILE NAME J:\DENTON\BONNIE B9\CAD\FXHIBI15\ROW\TODD\PAR4,Et_ 34—TCE-2.DWG PARCEL NO.34-TCE-2 LEGAL DESCRIPTION 15' TEMPORARY CONSTRUCTION EASEMENT BEING A 4069 SQ. FT. /0'.093 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO.400, CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.093 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with "GAI" cap, being the southeast corner of said Chamberlain tract, also being the intersection of the north right-of-way line of Roselawn Drive (a variable width right-of-way), and the west right-of-way line of South Bonnie Brae Street (A 95' right-of-way) as described in Instrument No. 2014-29352, Deed Records, Denton County, Texas; THENCE North 90°00'00" West, along the south line of said Chamberlain tract and north right-of-way line of said Roselawn Drive, being a common line, a distance of 4.50 feet for the POINT OF BEGINNING; THENCE North 90000'00" West, continuing along said common line, a distance of 15.00 feet to a point; THENCE North 00°00'00" East, leaving said common line, a distance of 162.50 feet to a point for the beginning of a tangent curve to the left having a central angle of 02°34' 14", a radius of 2417.50 feet and a chord of N 01°17'07'.' W, 108.45 feet; THENCE along said tangent curve, an arc distance of 108.46 feet to a point; THENCE North 87°25'46" East, a distance of 15.00 feet to a point for the beginning of a non -tangent curve to the right left having a central angle of 02°34' 14", a radius of 2432.50 feet and a chord of S 01°1T07" E, 109.12 feet; THENCE along said tangent curve, an arc distance of 109.13 feet to a point; THENCE South 00°00'00" East, a distance of 162.50 feet to the POINT OF BEGINNING and CONTAINING 4069 square feet, 0.093 acres of land, more or less. Basis of Bearings is the North American Datum of 1983 (NAD 83), North Central Zone, Texas. Page 2 of 2