Brumlow Industrial Addition (Lot 2B) - Water Line EasementBy:
ODUM;,'•
5 MARY LOUISE NICHOLSON
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD,
Filed For Registration: 1/9/2020 10:12 AM
Instrument #: D220005859
A 25 PGS $111.00
D220005859
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
1(�
V
WATER LINE EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
This Easement Agreement (the "Agreement") is made effective i IJ ICQn,,.,,6f 1,2—,2019 (the
"Effective Date").
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, NUSTAR LOGISTICS,
L.P., a Delaware limited partnership, with offices at 19003 Interstate Highway 10 West, San Antonio, Texas
78257 ("Grantor") and THE CITY OF SOUTHLAKE, a home rule municipal corporation of the County
of Tarrant, State of Texas, ("Grantee"), agree as follows:
1. Grant of Easement. Unless otherwise agreed to by Grantor in writing, the right-of-way and
utility easement granted shall be for the sole purpose of installing, repairing, maintaining,
replacing with like size, removing and operating a 12- inch waterline on Grantor's property
under and across that portion of Grantor's real property more particularly described and depicted
in Exhibit A ("Easement Area")
2. Limitations on Use. Grantor reserves for itself, its successors and assigns, the right to use the
Easement Area for any purpose and in any manner, including, but not limited to, the right to
construct or to permit others to construct pipelines alongside of and adjacent to the Easement
Area, the right to cross or to permit others to cross under or over the Easement Area with
pipelines, roads, streets, railroads, water lines, electrical lines, sewer lines, and other utilities so
long as such uses are not inconsistent with the purposes set forth in the agreement. Upon written
request from Grantor, Grantee shall, at Grantee's sole cost and expense, relocate the water line
utility facilities.
3. Restoration. Grantee agrees that, after commencing construction, maintenance, repair or
removal relating to or of the water line utility facilities or any portion thereof, Grantee will
pursue the work diligently to effect prompt completion thereof, and not more than thirty (30)
calendar days following the completion of all work, Grantee will restore any portion of Grantor's
property above or below ground used in connection with, or impacted by, such construction,
maintenance, repair or removal by Grantee, as nearly as is practicable, to substantially the same
condition as it was in prior to construction of the water line utility facilities. The provisions of
this Section shall survive the expiration or termination of this Agreement.
4. Grantee's Additional Covenants. Grantee shall construct, maintain, use, repair, replace,
operate and remove the water line utility facilities and otherwise conduct its activities with
respect to the water line utility facilities and this Agreement in accordance with all applicable
laws (including, without limitation, Environmental Laws, as defined below) of federal, state and
local governmental and quasi -governmental authorities (collectively, "Laws"). "Environmental
Laws" means all applicable local, state and federal laws, rules, regulations and orders, and
common law, as the same may be amended from time to time, pertaining to (a) the use,
generation, migration, storage, removal, treatment, remedy, discharge, release, transportation,
disposal or cleanup of pollutants, contamination, hazardous wastes, Hazardous Materials
(defined below), toxic substances and/or toxic pollutants, (b) surface waters, ground waters,
ambient air and other environmental media and/or (c) the environment or health and safety-
related matters, including, without limitation, the following federal laws, similar state or other
similar laws, and any successor laws, together with all regulations promulgated pursuant thereto,
as all of the same may be amended from time to time (whether prior to or after the date hereof):
the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (as
amended by the Superfund Amendments and Reauthorization Act of 1986), the Resource
Conservation and Recovery Act of 1976(as amended by the Used Oil Recycling Act of 1980,the
Solid Waste Disposal Act Amendments of 1980, and the Hazardous and Solid Waste
Amendments of 1984), the Occupational Safety and Health Act of 1970, the Superfund
Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, the
Toxic Substance Control Act, the Clean Air Act, the Clean Water Act, Federal Water Pollution
Control Act, the Oil Pollution Act, and the Safe Drinking Water Act. "Hazardous Materials"
means any substance, material or waste (including friable asbestos non-friable asbestos, benzene,
lead-based paint, petroleum, petroleum products, methyl tertiary butyl ether and polychlorinated
biphenyl) that is: (1) regulated by Laws as hazardous or toxic, as a pollutant or a contaminate, or
otherwise as a threat to human health or to the environment; or (2) found by any federal, state,
municipal or local government, including agencies, commissions, courts and departments to be
hazardous or toxic, a pollutant or a contaminant, or otherwise a threat to human health or to the
environment. The term Hazardous Materials includes, without limitation, substances defined as
such in the Clean Air Act, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the Federal Water Pollution Control Act, the Occupational Safety and
Health Act of 1970, the Resource Conservation and Recovery Act of 1976, the Safe Drinking
Water Act, the Toxic Substances Control Act,the Hazardous& Solid Waste Amendments Act of
1984, the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials
Transportation Act, the Oil Pollution Act of 1990, and any of the regulations implementing the
forgoing statues.
5. Environmental Release. Grantee shall immediately notify Grantor (i) of each release from the
water line utility facilities of any Hazardous Material into the air, land or water(whether surface
or groundwater), regardless of cause, and (ii) of each release of any Hazardous Material into the
air, land or water in, on or under any portion of Grantor's real property from any other source as
a result of activities by Grantee or its employees, agents or contractors. Grantee, at its sole cost
and expense, shall remove and dispose of all such Hazardous Materials (i.e.,those contemplated
in clause (i) and those contemplated in clause (ii) of the preceding sentence) in accordance with
Prudent Engineering and Construction Practices and applicable Laws and Restore the land
(including air and surface and groundwater) as nearly as reasonably possible to the condition in
which it existed prior to such release and in all events to such condition as required under
Environmental Laws. If, within sixty (60) calendar days, Grantee fails to commence and to
complete such removal and disposal and obligation to Restore, Grantor may arrange for the
removal and disposal of such Hazardous Materials in a manner consistent with Prudent
Engineering and Construction Practices and may Restore the land, all at Grantee's sole cost and
expense. Grantee shall be listed as the responsible party under all applicable Laws regarding
removal and disposal of such Hazardous Materials (including without limitation, Grantee will be
designated as the generator of any waste resulting from such actions, whether or not undertaken
by Grantor), and Grantee hereby authorizes Grantor to list Grantee as such responsible and/or
generating party in connection with Grantor's exercise of its rights under this Agreement. The
provisions of this Section shall survive the expiration or termination of this Agreement.
6. Safety, Security and Liens. Grantee shall be solely responsible for the safety and security of its
employees, contractors, subcontractors and agents. Grantee shall comply(and shall require all of
its employees, contractors, subcontractors and agents to comply) with Grantor's terminal
policies, as the same may be modified or instituted from time to time. Grantee shall be
responsible for all acts and omissions of its employees, contractors, subcontractors and agents in
the same capacity as it is responsible for its own acts and omissions. Grantee shall maintain the
Easement Area free and clear of all construction lien.
7. "AS-IS." NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, GRANTEE AGREES THAT GRANTEE HAS ACQUIRED AND ACCEPTED
ITS EASEMENT INTEREST IN THE AREA IN ITS CURRENT, "AS IS," "WHERE IS"
CONDITIONS AND "WITH ALL FAULTS" WITHOUT REPRESENTATION OR
WARRANTY BY GRANTOR, EXPRESS OR IMPLIED, WHATSOEVER INCLUDING,
BUT NOT LIMITED TO (1) TITLE TO THE EASEMENT AREA, (2) THE VALUE,
CONDITION, NATURE, CHARACTER, SUITABILITY, MERCHANTABILITY,
HABITABILITY, MARKETABILITY, PROFITABILITY or FITNESS OF THE
EASEMENT AREA, (3) THE PRESENCE OR ABSENCE OF ANY HAZARDOUS
MATERIALS OR OTHER ENVIRONMENTAL CONDITION, (4) THE COMPLIANCE
OF THE EASEMENT AREA WITH, OR VIOLATION OF, ANY LAW, STATUTE,
ORDINANCE, RULE OR REGULATION, OR(5) ANY OTHER MATTER AFFECTING
OR RELATING TO THE EASEMENT AREA. GRANTOR AND GRANTEE
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE EASEMENT AREA
IS SUITABLE FOR GRANTEE'S INTENDED PURPOSE. This Agreement is granted by
Grantor and accepted by Grantee subject to any and all other easements, rights of way,
exceptions, reservations, rights, covenants, conditions, restrictions, encumbrances and all other
matters affecting the Easement Area, whether or not of record or evidenced physically on the
Easement Area.
8. Indemnity.
8.1 Definitions. "Affiliate" means any entity that directly or indirectly controls, is
controlled by, or is under common control with the referenced entity, including the
referenced entity's parents and its general partners. In this definition, "control" means
the power to direct the management and policies of an entity, directly or indirectly,
whether through the ownership of voting securities, by contract, or otherwise; "Claims"
means all actions, claims, causes of action, costs, demands, damages, expenses, fines,
lawsuits, liabilities, losses, obligations and penalties including court costs, defense costs,
settlement costs and reasonable attorneys' fees; "Indemnified Parties" means Grantor
and Grantor's Affiliates and its and their respective officers, directors, shareholders,
partners,members, employees,representatives, agents, successors and assigns.
8.2 To the extent permitted by law, Grantee hereby releases and agrees to defend, indemnify
and hold harmless the Indemnified Parties, from and against any and all Claims that may
be imposed on, incurred by or asserted against any of the Indemnified Parties, in any way
relating to or arising out of: (i) any rights of Grantee, whether exercised by or on behalf
of Grantee, under this Agreement or the use of the rights granted herein by or on behalf
of Grantee, and/or (ii) a breach of this Agreement. Such Claims include, without
limitation, Claims connected with: (a) injury (including death) to persons, (b) damage to
property, (c) any threatened or actual release to, or contamination of or adverse effects
on, the environment of any Hazardous Material or other substance used, stored or
handled by the water line utility facilities and/or on the Easement Area including any
environmental condition, claim or loss with respect to the water line utility facilities,the
Easement Area and/or Grantor's adjacent or nearby property, and (d) violation of Laws.
GRANTEE AND GRANTOR INTEND THE FOREGOING RELEASE, DEFENSE1
INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS TO APPLY EVEN TO CLAIMS
CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, STRICT LIABILITY OR OTHER
FAULT OF ANY OF THE INDEMNIFIED PARTIES, EXCEPT TO THE EXTENT THAT THE
CLAIMS WERE CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF AN INDEMNIFIED PARTY.
8.3 Insurance. Before entering Grantor's real property and until such time when Grantee
fully complies with its duty upon the termination of this Agreement to remove the water
line utility facilities and Restore any affected portion of Grantor's real property, Grantee
shall maintain in effect the insurance and coverages set forth in Exhibit 1B1.
8.4 The provisions of this Section shall survive any expiration or termination of this
Agreement.
9. Term. This Agreement and the rights granted herein shall automatically terminate without any
further action on the earlier of(i) the failure of Grantee to construct the water utility facilities
within twelve (12) months from the Effective Date or (ii) Grantee fails to comply with the terms
and conditions of this Agreement. Upon any such termination of this Agreement, all rights
herein granted shall automatically revert to Grantor, its successors and assigns, and upon
Grantor's request, Grantee shall promptly execute and deliver to Grantor a release, surrendering
this Agreement and the rights granted herein, in a recordable format reasonably acceptable to
Grantor. Upon termination of this Agreement,Grantee shall have one hundred twenty(120)days
from the date of termination to remove the water utility facilities. If Grantee fails to remove all
or a portion of the water line utility facilities, if applicable, within one hundred twenty (120)
calendar days from the date of termination, Grantor shall have the right, but not obligation, to
remove the water utility facilities itself and invoice Grantee for said services. The provisions of
this Section shall survive the expiration or termination of this Agreement.
10. Cease and Desist. At all times hereunder, Grantor shall have the right, in its reasonable
discretion, to direct that Grantee cease and desist any activity on the Grantor's facility on which
the Pipeline Easement Area and Access Easement are located that may create a hazard to persons
or property or potentially interfere with Grantor's or any prior easement holders' operations at
and use of the Pipeline Easement Area or Access Easement Area, and Grantee shall be obligated
to comply therewith immediately. Grantee agrees that if Grantee does not immediately comply,
Grantor shall be entitled to immediate injunctive relief without the necessity of proving either
inadequacy of legal remedy or irreparable harm.
11. Miscellaneous.
a. It is understood that this Agreement does not constitute a conveyance of any interest in
the land of the Easement Area, other than as described herein or of the minerals therein
or thereunder but grants only the express non-exclusive easement rights provided herein.
b. Any notices sent pursuant to or in connection with this Agreement shall be in writing and
shall be sent either by recognized overnight courier(i.e. FedEx)or by United States mail,
postage prepaid, certified or registered, return receipt requested, addressed to Grantor
and Grantee as follows:
Grantor:
NuStar Logistics, L.P.
Attention: Real Estate and Right of Way Department
19003 IH 10 West
San Antonio,Texas 78257
(210)918-2000
NuStar Logistics,L.P.
Attention: Corporate Counsel
19003 IH 10 West
San Antonio, Texas 78257
(210)918-2000
Grantee:
Shana Yelverton, City Manager
City of Southlake
1400 Main Street
Southlake,Texas 76092
(817)748-8400
12. This instrument constitutes the entire agreement between the parties hereto, and no covenant or
agreement not herein expressed shall be valid unless in writing and signed by an authorized
officer or agent of Grantor and an authorized officer or agent of Grantee. The consideration
above recited is in full satisfaction of every right hereby granted. This Agreement runs with and
is binding upon the Easement Area and shall be binding upon Grantor, Grantee and their
respective heirs,administrators,executors, legal representatives, successors and assigns.
13. It is expressly agreed between Grantor and Grantee hereto that this Agreement and the rights
granted herein are granted without warranty of title, express, implied or statutory.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
r
EXECUTED this ay ofi( )/A,),,J20 2019
Grantor: NUSTAR LOGISTICS,L.P.
by NuStar GP its General Partner
By:
Name: R. Heath Reining
Title: Director of Real Estate
Grantee: ` ITY OF •`i THLAKE 1
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^ITY SECRETARY +r
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STATE OF TEXAS ,�,� *�c*`���`�
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COUNTY OF BEXAR §
This instrument was acknowledged before me on (>9- 2;,P /a , 2019, by R. Heath
Reininger, the Director of Real Estate of NuStar GP, Inc., a Delaware corporation, general partner of
NuStar Logistics, L.P., a Delaware limited partnership, on behalf of said corporation and limited
partnership.
``"11j1,f DENISE L. SKINNER
oaPaY PI'm•: �.._.
Notary Public, State of Texas .Z \ -OTA► ' PUBLIC
'P= Comm. Expires 11-01-2023
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STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on I /a
/n A)Outn1&r , 2019, by
ret k,is/01 t4416 r of The City of Southlake, a home rule
municipal corporation of the County of Tarrant,State of Texas.
itdo/nal
Notary Public, State of Texas r
4,144',, VERONICA LOMAS My Commission Expires: dv Y\.( 271 20 20
'.....z-,-Notary Public, State of Texas
=z: ires 06-27-2020
-N: rQ, Comm. ExP
,i,',4: �'7` Notary ID 12901312-8
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EXHIBIT"A"
VARIABLE WIDTH WATER EASEMENT
BEING a 0.2447 acres(10,659 square foot)tract of land situated in the John N.Gibson Survey,Abstract No.591,
and the Harrison Decker Survey,Abstract No.438,City of Southlake,Tarrant County,Texas,and being a portion of
a called 27.042 acre tract of land as described in a Special Warranty Deed to NuStar Logistics,L.P.(formerly known
as Valero Logistics Operations,L.P.)a Delaware limited partnership,as recorded in Instrument No.D208041261,
Deed Records of Tarrant County,Texas(D.R.T.C.T.)and being"Tract 1"of the Brumlow Industrial District,an
addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-127,
Page 89 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),and being more particularly described by metes
and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at the northwesterly corner of Tract 2-B,Brumlow Industrial District,
an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-
113,Page 441,P.R.T.C.T.,same being on the easterly Right-of-Way(R.O.W.)line of Br unlow Avenue(a 50 foot
wide R.O.W.),having a Texas Coordinate System,NAD83(2011),North Central Zone(4202),grid coordinate of
North 7,020,222.96,Fast 2,389,872.82;
THENCE South 08 degrees 42 minutes 14 seconds East,along the common west line of said Tract 2-B and the east
R.O.W.line of said Brumlow Avenue,at a distance of 210.81 feet,passing the southwest corner of said Tract 2-B
and the northwest corner of said NuStar tract,continuing along the common west line of said NuStar tract and the
east R.O.W.line of said Brumlow Avenue,a total distance of 572.98 feet to a point for a corner;
THENCE East,departing said common line and crossing said NuStar tract,a distance of 35.41 to a point for a corner,
the POINT OF BEGINNING,having a Texas Coordinate System,NAD83(2011),North Central Zone(4202),grid
coordinate of North 7,019,656.67,East 2,389,994.91;
THENCE,continuing across said NuStar tract,the following three(3)courses and distances:
1) East,a distance of 285.50 feet to a point for a corner;
2) North 45 degrees 00 minutes 00 seconds East,a distance of 54.17 feet to a point for a corner;
3) North,a distance of 318.58 feet to a point for a corner on the common north line of said NuStar tract and the
south line of the aforementioned Tract 2-B;
THENCE South 89 degrees 50 minutes 44 seconds East,along said common line,at a distance of 97.50 feet,passing
the southeast corner of said Tract 2-B and the southwest corner of a called 31.5024 acre tract of land as described in
a Warranty Deed with Vendor's Lien to Joe L. Wright, as recorded in Volume 7607, Page 1178, D.R.T.C.T.,
continuing along the common north line of said NuStar tract and the south line of said Wright tract,a total distance
of 112.50 feet to a point for a corner,from which a 1 inch iron pipe found at the northeast corner of said NuStar tract
bears South 89 degrees 50 minutes 44 seconds East,a distance of 1,061.48 feet;
THENCE,departing said common line,crossing said NuStar tract,the following five(5)courses and distances:
1) South 00 degrees 09 minutes 16 seconds West,a distance of 10.00 feet to a point for a corner;
2) North 89 degrees 50 minutes 44 seconds West,a distance of 97.47 feet to a point for a corner;
Page 1 of 3
G:\Projects\1700467 FUEL FARM WM-SOUrHLAKE-MCMANUS&JOHNSON\DOCUMENTSImetes&bounds lostar Water Esmt I.docx
3) South,a distance of 307.68 feet to a point for a corner;
4) South 45 degrees 00 minutes 00 seconds West,a distance of 76.59 feet to a point for a corner;
5) West,a distance of 282.34 feet to a point for a corner;
THENCE North 08 degrees 42 minutes 14 seconds West,a distance of 15.17 feet to the POINT OF BEGINNING
and containing within the metes recited 0.2447 acres(10,659 square feet)of land,more or less.
The Basis of Bearings is the Texas State Plane Coordinate System of 1983,North American Datum(NA!)83)201 I
adjustment,epoch(2010.0).Distances and Area shown arc surface(Scale Factor 1.0001489025).
Exhibit drawing of even survey date herewith accompanies the field note description for the Variable Width Water
Easement.
I,Mark A.Nace,a Registered Professional Land Surveyor in the State of Texas,hereby certify that this description
and the exhibit attached hereto were prepared from an actual survey of the property preformed on the ground and
that the same is true and correct.
7/14/ .r.2
Mark A.Nace
Registered Professional Land Surveyor OF
•
"Texas No.5539 �� :c 4, Fq
.431
Date:April 30,2018 *' o CE
MARK ALLAN NAGE
CP&Y,Inc. '•Op 5539 �Q,
1820 Regal Row#200 9•Q FfSSt�. �
Dallas,Texas 75235 S U ftp
TBPLS Firm Registration No.10194115
Page 2 of 3
Gf Projects\1700467 FUEL FARM WM-SOU THI.AK F:MCMANUS&JOHNSONDOCUMENTStmetes&bonds\Nustar Water Esau I.docx
4, 0 R 4, EXHIBIT "A"
VARIABLE WIDTH WATER EASEMENT
�,/j/j SITUATED IN THE
>,fI iii)
JOHN N. GIBSON SURVEY, ABSTRACT NO. 591
I do HARRISON DECKER SURVEY, ABSTRACT NO. 438
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
PAGE 3 OF 3
0 50 100
N. Noweem.
• am en
TRACT 2-A
SCALE 1„=100' BRUMLOW INDUSTRIAL DISTRICT
VOL 388-113, PG. 441
P.O.C. D.R.T.C.T.
--
1 JOE L. WRIGHT
1/2, CALLED 31.5024 ACRES
(q iR TRACT 2-8 VOL. 7607, PG. 1178
r, ^0 F BRUMLOW INDUSTRIAL. DISTRICT
D.R.T.C.T.
o I VOL. 3 , PG. 441 $ $9'5O'44" E 15.0'
ro 1 O D.R.T.CR.T.C.T. 112.50' S 89'50'44'E
A 97.50' 1,061.48'
1 1 r0 Z(RF ,e.•q N 89'50'44" W S 00'09.16" W (cM�TF
1 1(Q" �""'c' y�'�I; 97.47, 10.00'
1111 t,S_'.t 1t 1
MI ;i' t•
N I 1 1;.•1.-= VARIABLE WIDTH I..
;c� I I WATER EASEMENT ..I '
'f, I- 10
I 1 0.2447 ACRE a; ..I
--20'VIDE ROAD EASEMENT (10,659 SQ. FT.) ")I.: n
'^ VOL.388-127,PG.89
1 1 1 P.R.T.C.T. I 'I 1 •
w O
w
11 zI . 8 �I
7
.. I 1 --15'LANDSCAPE LICENSE AGREEMENT "I i t o
z
I.� BETWEEN NUSTAR LOGISTICS,L.P.
l J AND THE CITY OF SOUTIILANE 13 s
1 I APPROVED 10/06/2014 I_,I 8 g "
A EAST m
a I \ 35.41' I Vic' 44 a .tr
1 I P.O.S. �y'o°� )4 O k? :c`ti�. ,a
_EAST - 285.50'....._. 43..�... /. . g Kg 0
v'f
77
7.
N 08'42'14" W ..� �..r .... � -' .'-' .... ..:.. �'�6h � b ._:,sm�t.'?..
1 WEST - 282.34' i < >.•• ,
LEGEND: 15.17 1I TRACT 1
A = POINT I BRUMLOW INDUSTRIAL DISTRICT
4. NOT TO SCALE VOL. 388-P. 127, PG. 89
C.M. - CONTROL MONUMENT
I.R.F. - IRON ROD FOUND NUSTAR LOGISTICS, L.P.
C.I.RF. =CAPPED IRON ROD FOUND A DELAWARE LIMITED PARTNERSHIP
CAL I_ED 27.042 AC.RFS
D.R.T.C.T. = DEED RECORDS TARRANT COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS TARRANT COUNTY, TEXAS (FORMERI Y VALERO LOGISTICS OPERATIONS, L.P.) OF
INST. NO D208041261
R.O.W.
RIGHT-OF-WAY D.R.T.C.T. ,`Q�,G\SATE''F
:.) = WATER EASEMENT *'PF`p%
P.O.B. = POINT OF BEGINNING GRID COORDINATE TABLE Q'
POINT NORTHING EASTING DESCRIPTION- *: '*
P.O C. - POINT OF COMMENCING - 1 1,020,222.96 2,389,872.82 P.O.C. MARK ALLAN NACE
2 7,019,656.67 -2,389,994.91 P.0.8.
NOTES 'op 5539 QY:
1 )114E BASIS OF BEARINGS IS ME TEXAS STATE PLANE COORDINATE SYSTEM OF 1983,NORTH 9 Opt. O'C,;"'LO
AMERICAN DATUM(NAD 83)2011 ADJUSTMENT,EPOCH(2010.0).DISTANCES AND AREA 'I' •-.
SHOWN JAE SURFACE(SCALE FACTOR 1.0001489025). s Up v
-) 17/130/OD/B
C P&Yi Mar< A. Nace
Registered Profess onal Land Surveyor
1820 Regal Row, Suite 150, Dallas, Texas 75235 Texas Registration No. 5539
214.747.3733 A FIELD NOTE DESCRIPTION HEREWITH
TAPLs 10194115 '// ACCOMPANIES THIS DRAWING.
DRA99N0 FIE: 170C457 Whitt EASEMENT,DWG
EXHIBIT"A"
10 FOOT WIDE WATER EASEMENT
WATER EASEMENT No. 1
BEING a 0.0046 acre(200 square foot)tract of land situated in the Harrison Decker Survey,Abstract No.438,City
of Southlake,Tarrant County,Texas,and being a portion of a called 27.042 acre tract of land as described in a Special
Warranty Deed to NuStar Logistics,L.P.(formerly known as Valero Logistics Operations,L.P.)a Delaware Limited
Partnership,as recorded in Instrument No.D208041261,Deed Records of Tarrant County,Texas(D.R.T.C.T.)and
being"Tract 1"of the Brumlow Industrial District,an addition to the City of Southlake,Tarrant County,Texas,
according to the plat thereof recorded in Volume 388-127,Page 89 of the Plat Records of Tarrant County,Texas
(P.R.T.C.T.),and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at the northwesterly corner of Tract 2-B,Brumlow Industrial District,
an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-
113,Page 441,P.R.T.C.T.,same being on the easterly Right-of-Way(R.O.W.)line of Brumlow Avenue(a 50 foot
wide R.O.W.),having a Texas Coordinate System,NAD83(2011),North Central Zone(4202),grid coordinate of
North 7,020,222.96,East 2,389,872.82;
THENCE South 08 degrees 42 minutes 14 seconds East,along the common west line of said Tract 2-B and said
easterly R.O.W.line of Brumlow Avenue,a distance of 210.81 feet to the southwest corner of said Tract 2-B and
being the northwest corner of the aforesaid NuStar tract;
THENCE South 89 degrees 50 minutes 44 seconds East,departing said common line and along the common south
line of said Tract 2-B and the north line of said NuStar tract,at a distance of 511.51 feet,passing the southeast corner
of said Tract 2-B and the southwest corner of a called 31.5024 acre tract of land as described in a Warranty Deed
with Vendor's Lien to Joe L.Wright,as recorded in Volume 7607,Page 1178,D.R.T.C.T.,continuing along the
common north line of said NuStar tract and the south line of said Wright tract,a total distance of 618.97 feet to the
POINT OF BEGINNING,having a Texas Coordinate System,NAD83 (2011),North Central Zone(4202),grid
coordinate of North 7,020,012.14,East 2,390,820.54;
THENCE South 89 degrees 50 minutes 44 seconds East,continuing along said common line,a distance of 10.00 feet
to a point for a corner,from which a 1 inch iron pipe found at the southeast corner of said Wright tract bears South
89 degrees 50 minutes 44 seconds East,a distance of 399.84 feet,and from which a 1 inch iron pipe found at the
northeast corner of said NuStar tract bears South 89 degrees 50 minutes 44 seconds East,a distance of 958.78 feet;
THENCE departing said common line and crossing said NuStar tract the following three(3)courses and distances:
1) South 00 degrees 09 minutes 16 seconds West,a distance of 20.00 feet to a point for a corner;
2) North 89 degrees 50 minutes 44 seconds West,a distance of 10.00 feet to a point for a corner;
3) North 00 degrees 09 minutes 16 seconds East,a distance of 20.00 feet to the POINT OF BEGINNING and
containing within the metes recited 0.0046 acre(200 square feet)of land,more or less.
Page 1 of 4
G:\Projects\1700467 FUEL FARM WM-SOUfH1AKE-MCMANUS&JOHNSON\DOCUMENTS\mctes&bound:Mustar Waled Extol 2.docx
WATER EASEMENT No.2
BEING a 0.0046 acre(200 square foot)tract of land situated in the Harrison Decker Survey,Abstract No.438,City
of Southlake,Tarrant County,Texas,and being a portion of a called 27.042 acre tract of land as described in a Special
Warranty Deed to NuStar Logistics,L.P.(formerly known as Valero Logistics Operations,L.P.)a Delaware Limited
Partnership,as recorded in Instrument No.D208041261,Deed Records of Tarrant County,Texas(D.R.T.C.T.)and
being"Tract I"of the Brumlow Industrial District,an addition to the City of Southlake,Tarrant County,Texas,
according to the plat thereof as recorded in Volume 388-127,Page 89 of the Plat Records of Tarrant County,Texas
(P.R.T.C.T.),and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at the northwesterly corner of Tract 2-B,Brumlow Industrial District,
an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-
113,Page 441,P.R.T.C.T.,same being on the easterly Right-of-Way(R.O.W.)line of Brumlow Avenue(a 50 foot
wide R.O.W.),having a Texas Coordinate System,NAD83(2011),North Central Zone(4202),grid coordinate of
North 7,020,222.96,East 2,389,872.82;
THENCE South 08 degrees 42 minutes 14 seconds East,along the common west line of said Tract 2-B and said
easterly R.O.W.line of Brumlow Avenue,a distance of 210.81 feet to the southwest corner of said Tract 2-B and
being the northwest corner of the aforesaid NuStar tract;
THENCE South 89 degrees 50 minutes 44 seconds East,departing said common line and along the common south
line of said Tract 2-B and the north line of said NuStar tract,at a distance of 511.51 feet,passing the southeast corner
of said Tract 2-B and the southwest corner of a called 31.5024 acre tract of land as described in a Warranty Deed
with Vendor's Lien to Joe L.Wright,as recorded in Volume 7607,Page 1178,D.R.T.C.T.,continuing along the
common north line of said NuStar tract and the south line of said Wright tract,a total distance of 915.97 feet to the
POINT OF BEGINNING,having a Texas Coordinate System,NAD83 (2011),North Central Zone(4202),grid
coordinate of North 7,020,012.94,East 2,390,523.59;
THENCE South 89 degrees 50 minutes 44 seconds East,continuing along said common line,a distance of 10.00 feet
to a point for a corner,from which a 1 inch iron pipe found at the southeast corner of said Wright tract bears South
89 degrees 50 minutes 44 seconds East,a distance of 102.84 feet,and from which a 1 inch iron pipe found at the
northeast corner of said NuStar tract bears South 89 degrees 50 minutes 44 seconds East,a distance of 661.78 feet;
THENCE departing said common line and crossing said NuStar tract the following three(3)courses and distances:
4) South 00 degrees 09 minutes 16 seconds West,a distance of 20.00 feet to a point for a corner;
5) North 89 degrees 50 minutes 44 seconds West,a distance of 10.00 feet to a point for a corner;
6) North 00 degrees 09 minutes 16 seconds East,a distance of 20.00 feet to the POINT OF BEGINNING and
containing within the metes recited 0.0046 acre(200 square feet)of land,more or less.
Page 2 of 4
G:\Projcca\1700467 FUEL FARM WM-SOUTHLAKE-MCMANUS&JOHNSON\DOCUMENTS\mehs&bounds\Nusur Water Ram 2.docx
The Basis of Bearings is the Texas State Plane Coordinate System of 1983,North American Datum(NAD 83)2011
adjustment,epoch(2010.0).Distances and Area shown arc surface(scale factor 1.0001489025).
Exhibit drawing of even survey date herewith accompanies the field note description for each of the 10 Foot Wide
Water Easements.
I,Mark A.Nace,a Registered Professional Land Surveyor in the State of Texas,hereby certify that this description
and the exhibit attached hereto were prepared from an actual survey of the property preformed on the ground and
that the same is true and correct.
2L—
Marg
A.Nace
Registered Professional nd Surveyor OF
Texas No.5539 �P GSfRF+9
Date:April 24,2018 *• r CE
MARK ALLAN NAGE
CP&Y,Inc. 9°pp 5539�Prp
•
1820 Regal Row,Suite 150 'L 5539
1.
Dallas,Texas 75235
TBPLS Firm Registration No.10194115
Page 3 of 4
G:Trojectsi1700467 FUFI.FARM WM-SOIJTHIAKE-MCMANIJS&JOHNSON'DOCUMENTS'metes&bounds\Nster Water E,,d 2.docx
r a • EXHIBIT "A"
/ 10 FOOT WIDE WATER EASEMENT
�l 1 tU. SITUATED IN THE
II , HARRISON DECKER SURVEY, ABSTRACT NO. 438
I CITY OF SOUTHLAKE, TARCOUNTY, TEXAS
OF 4
PAGE 4 OF 4
0 50 100
Minir
SCALE 1"-100'
TRACT 2-A JOE L. WRIGHT
BRUMLOW INDUSTRIAL DISTRICT CALLED 31.5024 ACRES
JP.O.C.I VOL .38R-113,PG.441 VOL. 7607,PG. 1178
/' _.__ P.R.T.C.T. D.R.T.C.T. JOE L. WRIGHT
... -- P.O.H.
P.O.B. CALLED 30.750 ACRES M�`RA' VOL. 8060,PG. 27 TRACT 2-B EASEMENT EASEMENT D.R.T.C.T.
BRUMLOW INDUSTRIAL DISTRICT NO. 2
I VOL. 388-113, PG. 441 NO. 1 L-1
P.R.T.C.T. , �L-1
ur S 9950'44"E S 8950'44"E
111 S 89'50'44"F-818.97' 28),IXr 581.78 ,
N 511.51' L-4`1--L-2 L-: ® L-81. fc•,,P.P: (cN)PF
rl 10 FOOT WIDE WATER �_3 L-7 1
5 89'50'44"E
EASEMENT NO. 1 102.84'
`p 0.0046 ACRE 10 FOOT WIDE WATER
(200 SQ. FT.) EASEMENT NO. 2 UNE TABLE
'0 0.0046 ACRE LINE BEARING LENGTH
126 (200 SQ. FT.) L-1 S 89'50'44" E 10.00'
- r L-2 S 00`09'16" W 20.00'
t.••.IC•t a• a '• L-3 N 89.50'44° W 10.00'
��•, i;•1.•l�1 �N titi1 L-4 N 00'09'16" E _.--20.00'_..
•(:�1 o '6� '-i' �O I.-5S 89'50'44" E 10.00'
N O \E3'- 11.'' �I< "'S. S.? L-6 S 00'09'16" W 20.00'
�1 G .•.., ,.,,,•��' ,,`�!-"'1' L-7 N 89'50'44" W 10.00'
z r_ L-8 N 00'09'16" E 20.00'
•.1y 1:.=' IF g 5 ,-,....4 p},
C a.aU ..o- r,.'•• TRAGI 1
tri i I ,1,L" " BRUMLOW INDUSTRIAL DISTRICT
24 R VOL. 388-127,PG. 89
i % P.R.T.C.T.
' Q i
ri tNUSTAR LOGISTICS, L.P.
A DELAWARE LIMITED PARTNERSHIP
CALLED 27.042 ACRES
(FORMERLY VALERO LOGISTICS OPERATIONS,L.P.)
LEGEND: INST. NO. 0208041261
A -POINT D.R.T.C.T.
=NOT TO SCALE
C.M.—CONTROL MONUMENT GRID COORDINATE TABLE
I.R.F. - IRON ROD FOUND
I.P.F.= IRON PIPE FOUND POINT NORTHING EASTING DESCRIPTION
D.R.T.C.T. _ DEED RECORDS TARRANT COUNTY.TEXAS 1 7.020,222.96 2.389,872.82 P.O.C.
P.R.T.C.T. - PLAT RECORDS TARRANT COUNTY, TEXAS 2 7,020.012.14 2.390,820.54 P.O.H. EASEMENT NO. 1
QF..
R.o.w. -RIGHT-OF-WAY _ 3 7,020,012.94 2,390,523.59 P.O.B. EASEMF.NTNO. 2 'C F
WATER EASEMENT ,1,P•.••�,\STe,�i'•:'•S
SI
P.O.B. =POINT OE BEGR4NING *I •.
P.O.C. =POINT OF COMMENCING MARK ALLAN NACE
NOTES '10 5539 •'�
1)Ina Renis of.,,I n°Is the[exam Slate Plane Caardlnale System of 19&7,NorthQ';
American Odom(NAD 83)2011 odNetmesl,epoch(20100).Distances and Area shown are 12% OFfSS10•. �0
surface(scale factor 1.0001489025). �0.•.........ic
SURV
// -..."C \` 'RNA)
, .
•rk A. ace
Registered Prof sional Land Surveyor
1820 Regal Row, Suite 150, Dallas, Texas 75235 Texas Registration No. 5539
214.747.3733 A FIELD NOTE DESCRIPTION HEREWITH
TILS 10194115 I/ ACCOMPANIES THIS DRAWING.
3944940 FRE. •7C0467 WATER EASEMENT
EXHIBIT"A"
VARIABLE WIDTH WATER EASEMENT
BEING a 0.2059 acre(8,967 square foot)tract of land situated in the C.B.McDonald Survey,Abstract No. 1013,
City of Southlake,Tarrant County,Texas,and being a portion of a called 20.032 acre tract of land as described in a
Special Warranty Deed to NuStar Logistics,L.P.,a Delaware Limited Partnership,as recorded in Instrument No.
D208451720,of the Deed Records of Tarrant County,Texas(D.R.T.C.T.),and being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at the southeasterly corner of Lot 3R2R2 of Green Meadow
Subdivision,an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in
Cabinet A,Slide 10465,of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),same being the southwest corner
of Lot 3R11 R3 of Green Meadow Subdivision,an addition to the City of Southlake,Tarrant County,Texas,according
to the plat thereof recorded in Instrument No.D217076049,P.R.T.C.T.,same being on the northerly line of a called
14.356 acre tract of land as shown as Lot 1,Block 1,Fina Addition,an addition to the City of Southlake,Tarrant
County, Texas, according to the plat thereof recorded in Cabinet A, Slide 1476, P.R.T.C.T., having a Texas
Coordinate System, NAD83 (2011), North Central Zone (4202), grid coordinate of North 7,022,259.51, East
2,393,490.50;
THENCE North 89 degrees 31 minutes 07 seconds East,along said common line,at a distance of 147.19 feet,passing
the northeast corner of said Fina Addition,same being the northwest corner of said NuStar tract,continuing along
the common south line of said Lot 3R11 R3 and the north line of said NuStar tract,at a distance of 177.27 feet,passing
a 5/8 inch iron rod found at the southeast corner of said Lot 3R11R3,same being the southwest corner of Lot 3812,
Green Meadow Subdivision,an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof
recorded in Instrument No.D212214779,P.R.T.C.T.,continuing along the common south line of said Lot 3R12 and
the north line of said NuStar tract,a total distance of 513.86 feet to the southeast corner of said Lot 3R12,same being
the northeast corner of said NuStar tract,same being on the west line of Lot 1,Block 1,Heritage Business Park No.
2,an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Instrument
No.D214208585,P.R.T.C.T.;
THENCE South 00 degrees 14 minutes 46 seconds East,along the common east line of said NuStar tract and the west
line of said Lot 1,Block 1,Heritage Business Park No.2,a distance of 30721 feet to a point for a corner,the POINT
OF BEGINNING,having a Texas Coordinate System,NAD83(2011),North Central Zone(4202),grid coordinate
of North 7,021,949.00,East 2,394,005.62;
THENCE South 00 degrees 14 minutes 46 seconds East,continuing along said common line,a distance of 15.00 feet
to a point for a corner;
THENCE,departing said common line and crossing said NuStar tract,the following six(6)courses and distances:
1) West,a distance of 34.00 feet to a point for a corner;
2) South 00 degrees 14 minutes 46 seconds East,a distance of 331.67 feet to a point for a corner;
3) South 53 degrees 53 minutes 35 seconds West,a distance of 200.14 feet to a point for a comer;
4) North 81 degrees 19 minutes 57 seconds West,a distance of 32.20 feet to a point for a corner;
5) South 54 degrees 40 minutes 03 seconds West,a distance of 50.19 feet to a point for a corner;
Page 1 of 4
G:WrojectsU700467 FUEL FARM WM-SOUTHIAKE-MCMANUS&JOHNSON tOOCUMENTSImetes&bounds NuStar Water Esntt 3.dacx
6) South 44 degrees 25 minutes 03 seconds West,a distance of 3.29 feet to a point for a corner on the west line
of said NuStar tract,same being on the east line of the aforementioned Lot 1,Block I,Fina Addition;
THENCE North 33 degrees 35 minutes 08 seconds West,along the common west line of said NuStar tract and the
east line of said Fina Addition,a distance of 15.33 feet to a point for a corner;
THENCE,departing said common line and crossing said NuStar tract,the following six(6)courses and distances:
1) North 44 degrees 25 minutes 03 seconds East,a distance of 1.45 feet to a point for a corner;
2) North 54 degrees 40 minutes 03 seconds I ast,a distance of 57.59 feet to a point for a corner;
3) South 81 degrees 19 minutes 57 seconds East,a distance of 39.18 feet to a point for a corner;
4) North 53 degrees 53 minutes 35 seconds East,a distance of 177.64 feet to a point for a corner;
5) North 00 degrees 14 minutes 46 seconds West,a distance of 345.24 feet to a point for a corner;
6) East,a distance of 49.00 feet to the POINT OF BEGINNING and containing within the metes recited 0.2059
acres(8,967 square feet)of land,more or less.
The Basis of Bearings is the Texas State Plane Coordinate System of 1983,North American Datum(NAD 83)2011
adjustment,epoch(2010.0).Distances and Area shown are surface.(Scale Factor 1.0001489025)
Exhibit drawing of even survey date herewith accompanies the field note description for the Variable Width Water
Easement.
I,Mark A.Nace,a Registered Professional Land Surveyor in the State of Texas,hereby certify that this description
and the exhibit attached hereto were prepared from an actual survey of the property preformed on the ground and
that the same is true and correct.
Marti A.Nace
Registered Professional Land Surveyor OF
Texas No.5539 <Q''G� TER'+y`�
Date:April 30,2018 '
MARK ALLAN NAGE
CP&Y,Inc. t-'-43.p 5539 Prp
1820 Regal Row#150 94;6 FfSS\�
Dallas,Texas 75235 S U R`l
TBPLS Firm Registration No.10194115
Page 2 of 4
Gt\Ptojects',1700467 FUEL FARM WM-SOUTHLAKE-MCMANUS&IOHNSON‘DOCUMENTS'•metes&bounde NuStar Water Fano 1.docx
DR EXHIBIT "A"
VARIABLE WIDTH WATER EASEMENT
//a�I� \\���' SITUATED IN THE
,' I, C. B. McDONALD SURVEY, ABSTRACT NO. 1013
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
PAGE 3 OF 4
0 50 100
SCALE® GRID COORDINATE TABLE
POINT NORTHING LASTING DESCRIPTION
1 7,022,259.51 2,393,490.50 P.O.C. •
2 7,021,949.00 2,394,005.62 P.O.B.
LOT 361163
LOT 3R11R3 LOT 3RTOR
GREEN MEADOW SU8DINSION
INST,NO.0217076049 LOT 3R12
P.R.LGT. GREEN MEADOW SUBDIN510N
INST.NO.0212214779
ip,O.C. P.R.T.C.T. i
C7\l��_,
N 6931'07'E-513.86' ` \a
b p`•4, N 89'31'07'E-177.27 (C�J,�RF O�`f.lx�'1
LINE TABLE H' c,S
LINE BEARING LENGTH • W�
L-1 WEST 34.00'
•
LOT 34282 L-2 N 81'19'57" W 32.20'
LOTS 36241 3R2R2 L-3 S 54'40'03" W 50.19'
GREEN MAND EADOW
36283
UBDIVISION L-4 S 44'25'03" W 3.29' LOT 1, BLOCK 1
CAB.A.SL.10465 L-5 N 33'35'08" W 15.33' HERITAGE BUSINESS
P.R.T.C.T. L-6 N 44'25'03" E 1.45' n PARK No. 2
L-7 N 54'40'03" E 57.59' 1 INST. NO. D214208585
L-8 S 81'19'57" E 39.18' w P.R.T.C.T.
L-9 EAST 49.00'
i
I,0
LOT 1, BLOCK 1 REMAINDER o
FINA ADDITION NUSTAR LOGISTICS, L.P., I
CAB. A, SL. 1476 A DELAWARE LIMITED PARTNERSHIP
P.R.T.C.T. CALLED 20.032 ACRES
INST. NO. 0208451720
D.R.T.C.T.
P.O.H.
VARIABLE WIDTH L 94
WATER EASEMENT S 0014'46" E
15.00'
0.2059 ACRE
(8,967 SQ. FT.) '4.
O
0 T,M i.1 "
O
Z N
MATCHLINE
LEGEND:
A =POINT I
=NOT TO SCALE
NOTES C.M. = CONTROL MONUMENT
1)THE BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM Of I.R.F.=IRON ROD FOUND
1983,NORTH AMERICAN DATUM(NAG 83)2011 ADJUSTMENT,EPOCH(2010.0). C.I.R.F. = CAPPED IRON ROD FOUND
DISTANCES AND AREA SHOWN ARE SURFACE(SCALE FACTOR 1.0001489025). D.R.T.C.T.= DEED RECORDS TARRANT COUNTY,TEXAS
....:\\
` P.R.T.C.T. =PLAT RECORDS TARRANT COUNTY, TEXAS
` R.O.W. = RIGHT-OF-WAY
C P8tY..3) OF BEGINNING
P.O.C. =POINT OF COMMENCING
1820 Regal Row, Suite 150, Dallas, Texas 75235
214.747.3733 A FIELD NOTE DESCRIPTION HEREWITH
\ TBPLS 10194115 // ACCOMPANIES THIS DRAWING.
DRAWING FILE: 1700467 WATER EASEMENT 9.095
,• EXHIBIT "A"
VARIABLE WIDTH WATER EASEMENT
,.// r\\, SITUATED IN THE
C. B. McDONALD SURVEY, ABSTRACT NO. 1013
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
PAGE 4 OF 4
0 50 100
FSel
SCALE 1"=100'
MATCHLINE
IA
VARIABLE WIDTH 4111,1, LOT 1, BLOCK 1
011.-.1 m HERITAGE ROSINESS
WATER EASEMENT Ifl • PARK No. 2
7 0
' M INST. NO. D214208585
.2059 ACRE MI;;�M
. / (8,967 SQ. FT.) I P.R.T.C.T.
r>aW
< �� REMAINDER �I::::I 10
\ -L-4 A DELAWARE LIMITED PARTNERSHIP -4-1•-::0,1-
CALLED
a°3
CALLED 20.032 ACRES gi::.1 r
INST. NO. 0208451720 :.:Y: p S,V.:,
\ /
D.R.T.C.T. Zh.:;I LO c!3S'A
11) = ¢l'
<1 ,.
DETAIL 15'SANITARY SEVER AND roN. �` r...c'"1
UTILITY EASEMENT 11' ., G'`. 'c 1,
INST.NO.0199086453 �\�... DI ., ti
&INST.NO.0201038185 'e.••••
. 1T
LOT I. BLOCK 1 D.R.T.C.T. ry� ��`,�
FINA ADDITION y�� --•• / �s
CAB. A, SL. 1476 .13•C'34 ,,`'
P.R.T.C.T. SEE DETAIL ‘4,..--x.''.'13
/--�1� A-L-B.ee <343 O h.V LINE TABLE
80'X 40' \, .:. 0 (� o11� LINE BEARING LENGTH
COMMON ACCESS EASEMENT— 4 -- 0 Y fiP
CAB.A,SL 1476 .......:..:...,,,,D .7/z ,�� d5 L-1 WEST 34.00'
- `.` / `1. E L-2 N 8199'57" W 32.20'
P.R.T.C.T. \ :. V
L-3 S 54'40'03" W 50.19'
\\\ . // Q� L-4 S 4425'03" W 3.29'
I5'SANITARY SEVER ANDI.°1.-
L--5 N 33'35'08" W 15.33'
UTILITY E199086T ---
INST.
L---6 N 44'25'03' E 1.45'
INST.NO..D2010418 / L-7 N 54'40'03" E 57.59'
&INST.NO.0201038185 / /
D.R.T.C.T. , // L-8 S 8119'57" E 39.18'
/d L-9 EAST 49.00'
- i! —' 30'CON-DOR LEGEND:
-----PIPELINE EASEMENT-- VOL 8386,PG.1407 0 = PONT
D.R.T.C.T.
— -4-= NOT TO SCALE
i / G.M.= CONTROL.MONUMENT
/ 10'UTILITY EASEMENT I.R.F. =IRON ROD FOUND
7 CAB.A,SL. 1476 C.I.R.F. =CAPPED IRON ROO FOUND
/ P.R.T.C.T. D.R.T.C.T.=DEED RECORDS TARRANT COUNTY, TEXAS
/ P.R.T.C.T.- PLAT RECORDS TARRAN T COUNTY, TEXAS
R.O.W.- RIGHT-OF-WAY .� .OF ,F
�P, G\ R�
P.O.B. =POINT OF BEGINNING *.,' O
P.O.C. =POINT OF COMMENCING
MARK ALLAN NACE
NOTES: ....'1) ''
1)THE BASS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM OF 9.' �FES 5539 i-':•
1983,NORTH AMERICAN DATUM(BAD 83)2011 ADJUSTMENT,EPOCH(2010.0). A ..•
DISTANCES AND AREA SHOWN ARE SURFACE(SCALE FACTOR 1.0001489025). V
SUFtJ/
7... 1.-4..../2
GCeG. 4 30/To1c9
C�Qb
Mer ed Professio Registered Professio al Land Surveyor
1820 Regal Row, Suite 150, Dallas, Texas 75235 Texas Registration No. 5539
214.747.3733 A FIELD NOTE DESCRIPTION HEREWITH
`\ TBPLS 10194115 // ACCOMPANIES THIS DRIVING.
.RAKING FILE: 1700447 WATER EASEMENT 0.094
EXHIBIT"A"
VARIABLE WIDTH WATER EASEMENT
BEING a 0.2388 acre(10,401 square foot)tract of land situated in the C.B.McDonald Survey,Abstract No. 1013,
City of Southlake,Tarrant County,Texas,and being a part of Lot 1,Block 1,Fina Addition,an addition to the City
of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Cabinet A,Slide 1476,of the Plat
Records of Tarrant County,Texas(P.R.T.C.T.),said Lot 1 being a portion of a called 20.032 acre tract of land
described in the deed to Nustar Logistics, L.P., a Delaware Limited Partnership as recorded in Instrument No.
D208451720 of the Deed Records of Tarrant County,Texas,(D.R.T.C.T.)and being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at the southeasterly corner of Lot 3R2R2 of Green Meadow
Subdivision,an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in
Cabinet A,Slide 10465,P.R.T.C.T.,same being the southwest corner of Lot 3R11R3 of Green Meadow Subdivision,
an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Instrument No.
D217076049,P.R.T.C.T., same being on the northerly line of said Fina Addition,having a Texas Coordinate System,
NAD83(2011),North Central Zone(4202),grid coordinate of North 7,022,259.51,East 2,393,490.50;
THENCE South 89 degrees 31 minutes 07 seconds West,along said common line,at a distance of 239.13 feet,passing
the southwest corner of said Lot 3R2R2,same being the southeast corner Lot 3R1,Green Meadow Subdivision,an
addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Cabinet A,Slide
9712,P.R.T.C.T.,and continuing along the common south line of said Lot 3R1 and the north line of said Fins
Addition,a total distance of 446.14 feet to the southwest corner of said Lot 3R1,same being the northwest corner of
said Fina Addition,same being on the east line of a called 15.6 acre tract of land as described in a Special Warranty
Deed to Explorer Pipeline Company,as recorded in Volume 5140,Page 424,D.R.T.C.T.;
THENCE South 00 degrees 57 minutes 32 seconds East,along the common west line of said Fina Addition and the
east line of said Explorer tract,a distance of 791.41 feet to a point for a corner,the POINT OF BEGINNING,having
a Texas Coordinate System,NAD83(2011),North Central Zone(4202),grid coordinate of North 7,021,464.46,East
2,393,057.81;
THENCE,departing said common line and crossing said Fina Addition,the following four(4)courses and distances:
1) South 46 degrees 31 minutes 19 seconds East,a distance of 61.00 feet to a point for a corner;
2) East,a distance of 222.74 feet to a point for a corner;
3) North 89 degrees 30 minutes 00 seconds East,a distance of 351.63 feet to a point for a corner;
4) North 44 degrees 25 minutes 03 seconds East,a distance of 73.80 feet to a point for a corner on the east line
of said Lot 1,Block 1,Fina Addition;
THENCE South 33 degrees 35 minutes 08 seconds East,along the east line of said Fina Addition,a distance of 15.33
feet to a point for a corner;
THENCE,departing said line and crossing said Fina Addition,the following four(4)courses and distances:
1) South 44 degrees 25 minutes 03 seconds West,a distance of 76.84 feet to a point for a corner;
Page 1 of 4
G:\Projects\I700467 FUEL FARM WM-SOUTHLAKE-MCMANUS&JOHNSON\DOCUMENTSimetes&bounds\Firm Water Esmt Revised.doez
2) South 89 degrees 30 minutes 00 seconds West,a distance of 357.94 feet to a point for a corner;
3) West,a distance of 221.50 feet to a point for a corner;
4) North 46 degrees 31 minutes 19 seconds West,a distance of 62.45 feet to a point for a corner on the west
line of said Fina Addition and the east line of the aforementioned Explorer tract;
THENCE North 00 degrees 57 minutes 32 seconds West,along the common west line of said Fina Addition and the
east line of said Explorer tract,a distance of 14.01 feet to the POINT OF BEGINNING and containing within the
metes recited 0.2388 acres(10,401 square feet)of land,more or less.
The Basis of Bearings is the Texas State Plane Coordinate System of 1983,North American Datum(NAD 83)2011
adjustment,epoch(2010.0).Distances and Area shown arc surface.(Scale Factor 1.0001489025)
Exhibit drawing of even survey date herewith accompanies the field note description for the Variable Width Water
Easement.
I,Scan M.Flaherty,a Registered Professional Land Surveyor in the State of Texas,hereby certify that this
description and the exhibit attached hereto were prepared from an actual survey of the property preformed on the
ground and that the same is true and correct.
Sean Flaherty
Y ....CF TF"v
Registered Professional Land Surveyor P. t s e;;;••4-
'l'exas No.5258 � :� *
ASEAN M. F A.HFRTY►
Date:April 30,2018 c
5258 \e!".
Revised:October 28,2019 v °Fcs)9• n
vn SUR`I ' �l
CP&Y,Inc.
1820 Regal Row#150
Dallas,Texas 75235
TBPLS Firm Registration No. 10194115
Page 2 of 4
O:V4gects11700467 FUEL FARM WM-SOUTHLAKE-MCMANUS&JOHNSON\DOCUMENTS\metes&botowls1Fina Water Exmt Reviseddocx
EXHIBIT "A"
`
VARIABLE WIDTH WATER EASEMENT
;/(111;„ SITUATED IN THE
C. B. McDONALD SURVEY, ABSTRACT NO. 1013
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
PAGE 3 OF 4
0 50 100 GRID COORDINATE TABLE
„... . POINT NORTHING EASTING DESCRIPTION
- - - 1 7,022,259.51 2,393.490.50 P.O.C.
SCALE 1"=100' 2 7.021,464.46 2.393,057.81 P.O.B.
rr LOT JR2 2 LOT SRIIRS
`6 tTS LOT JRI 3R2M.. 2 LOT 3Rt1R3
AND 3R2R3 ORE M MEADOW SUSdM90N GREEN MFADOW SUB INSION GREEN MEMOS/SUBp11510N
1 ¢ P a CAB.A,SL 9712 DAB.A,SL 10186T•MNLnD217o78049 I
X1` Z P.RLC.T. PA.TC.T.
33 7..' 1
_1 16,3 s 89'31'07'w s 82229.07'w(44": /P.U.C.
207 01' 9'31'O'
_444 J4 ��
EXPLORER PIPELINE COMPANY = Er--g UTNtt EASEMENT !P`'4'J•{R 10'UTRlTY EASEMENT30
CALLED 0, ACRES I ,CAB.A,BL 1476 • CAB.A.SL 1476 ,co
VOL. 5140,PG. 424 IS 1'+
D.R.T.C.T. r P.R.T.C.T.
REMAINDER P.R.T.C.T.
LP., AO'
NO
I A DELAWARE LIMITED PARTNERSHIP 0
a(E, ` CALLED 20.032 ACRES , p'G
Jr<7, a� I INST.NO.D208451720 0. s'(•' r—_
Q,S n9, 7, y#1 I D.R.T.C.T. G. p. I f
10'I.FOUTIES
011�a c�'� d I j- nI L �roLP�zodEASEMENT Pwi 8�2o9 Pa SENT I I Z
0 Ce(� la K.+ I I I D.R.T.C.T D.R.T.C.T. J I J
1 1 10'APPROXIMATE
RE PWE�COMPANY LOT 1•BLOCK 1 v
TION OF
MAGELLAN PIPELINE TERMINALS,LP. I / VOL 5870,Pa 55 FINA ADDITION
A DELAWARE UNITED PARTNERSHIP P "' I / I I D.R.T.C.T. CAB. A. SL 1476 Q
'TRACT 4' I 'Pl i II// I I P.R.T.C.T. 2 ',.
CALLED 14.645 ACRES
INST. NO.0211011162 I 'R' `V/ I I
D.R.T.C.T. I N //
I I VARIABLE WIDTH WATER
_ I I II EASEMENT
...L VALE ROADWAY I P.O.B.
NST.N0.D ,,,,, ENT I 10.2388 ACRE (10,401 SQ. FT.)
2084484- L-6 _• , I I N 89'30'00" E
D.R.T.C.T
AA I I EAST — 222.74' I 351.63'
r::...:...nEe Fl,!sr-E„.,nns "1'!•--
1 1 WEST — 221.50' S 89'30'00" W
LEGEND: AMERICAN LIBERTY PIPE UNE COMPANY l LOT 2, BLOCIC i 357.94'
A -POINT 30'NON-EXCLUSIVE R.O.W.& I FINA ADDITION 15'
ACCESS 7,EASEMENT CAB A,SL 1476
NOT TO SCALE VOL.3R.T. PG.47 I P.R.T.C.T. I I - 1
C.U.C.M.®CONTROL MONUMENT D.R.T.C.T. �."-5'UTILITY EASEMENT
I.R.F.-IRON ROD FOUND CAB.A.SL 1478 I
C.LR.F.-CAPPED IRON ROD FOUND I P.R.T.C.T. I'
D.R.T.C.T.-DEED RECORDS TARRANT COUNTY,TEXAS 15'SANITARY SEWER AND
P.R.T.C.T.-PLAT RECORDS TARRANT COUNTY,TEXAS UTILITY EASEMENT
O.P.R.T.C.T.-OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS INST.NO.D199066453
R.O.W.-RIGHT-OF-WAY &INST.NO.0201038185
O.P.R.T.C.T.
I:•::::•:.{ -WA1ER EASEMENT
P.O.B.-POINT OF BEGINNING LINE TABLE
P.O.C.-POINT OF COMMENCING UNE BEARING LENGTH
NOTES: L-1 S 4611'19' E 61.00'
1)1HE OASIS OF BEARINGS IS 1HE TEXAS STATE PUNE COORDINATE SYSTEM OF L-2 N 44'25'03` E 73.80'
1984 NORTH AMERICAN DATWA(NAD 83)2011 ADJUSTMENT,EPOCH(2010.0). L-3 S 33'35'08' E 15.33'
DISTANCES AND AREA SHOWN ARE SURFACE(SCALE FACTOR 1.0001489025). L-4 S 44'25'03" W 76.84'
// \` L-5 N 4611'19'W 62.45'
L-6 N 00'57'32" W 14.01'
C P&YJ
1820 Regal Row, Suite 150. Dallas, Texas 75235
214.747.3733 A FIELD NOTE DESCRIPTION HEREWITH
\\ TBPLs 10184115 ACCOMPANIES THIS DRAWING.
ORATING FILE: 1700487 WATER EASEMENT 8-REVISE/LONG
EXHIBIT "A"
r\ VARIABLE WIDTH WATER EASEMENT
iii,\ SITUATED IN THE
�I I C. B. McDONALD SURVEY, ABSTRACT NO. 1013
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
PAGE 4 OF 4
0 50 100JO® 05�* 3
SCALE 1"=.100' I PIPE Co.EASEMENT 30'CON—DOR 1A Qle UTILITIES O��'(l�0
O
VOL 8208,PG 551 PIPELINE EASEMENT 4
D.R.T.C.T. VOL 8386,PG.1407
D.RD.R.T.C.T. ` �,�5'(�
r—- -\ REMAINDER
L NUSTAR LOGISTICS,L.P.,
REMAINDER `— \ A DELAWARE UNITED PARTNERSHIP
NUSTAR LOGISTICS,LP., , CALLED 20.032 ACRES
A DELAWARE UNITED PARTNERSHIP \ INST. NO.0208451720
CALLED 20.032 ACRES D.R.T.C.T.
INST. NO.D208451720 \
LOT 1,BLOCK 1
D.R.T.C.T. FINA ADDITION •
CAB.A, SL. 1476
P.R.T.C.T.
80'X 40'COMMON ACCESS /
EASEMENT CAB.A.SI..1476 /
P.R.T.C.T. /
ZVARIABLE WIDTH /
WATER EASEMENT ( /
/
I 0.2388 ACRE
H
(10,401 SQ. FT.) .f /
Q N 89'30'00" E — 351.63' k% CJ-
7:-:•:•:,-,77:::77.:.7.7:
::.: S-89'30'00" IN.."-- 357.94 /// 4/N
15'SANITARY SEWER AND : 15. '' ' �f` l
UIUTY EASEMENT - ___ 1 —— U/ 4
INST.NO.0199086453w R'
INST.NO.0201038185 ——T --- �sL'l�
O.P.R.T.C.T. i
r , UNE
S./ LINE TABLE
/ so.ccw-oce
P � 6 N / BEARING LENGTH
voL°J6°t 1407/ L-1 S 46'31'19"E 61.00'
0.R Ci.
L-2 N 44'25'03"E 73.80'
LEGEND: / L-3 S 33'35'08'E 15.33'
/
D -LAND / 10'UTILITY EASEMENT
CAB.A SL 1476 L-4 S 44'25'O3' W 76.84'
=LAND HOOK / P.R.T.C.T. L-5 N 46'31'19" W 62.45'
-11,--NOT TO SCALE / L-6 N 00'5732" W 14.01'
C.M.-CONTROL MONUMENT I
I.R.F.-IRON ROD FOUND
C.I.R.F.=CAPPED IRON ROD FOUND
D.R.T.C.T.-DEED RECORDS TARRANT COUNTY.TEXAS .d A
TY.
O.P.R.T.C.T.
PLAT OFFICIAL PUBLIC RECORDS TARRANT TN RANT COUNTY,TEXAS 1'. O F t'.4
R.O.W.-RIGHT-OF-WAY I WATER SEMENT CSP• c'-.L.''s• P`,
P.0.6.=POINT Of BEGINNING EAN M. FLAHERTY,
P.O.C.=POINT OF COMMENCING
I'
NOTES: �,1 -..p 5258, 2-
1)DIE BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM Of 9! ESS. .J
19133,NORM
AND
EAREA SHOWN AREAN DATUM A SURFACE(SCALE FACTOADJUSTAENR 1100o0014(2010.0).
025)).
'1:=4.1,� S U Rv i�/
C2"--e.---------
P&Y.3) SEAN M.. FLAHERTY
Registered Professional Land Surveyor
1820 Regal Row, Suite 150, Dallas, Texas 75235 pate: April 30,2018 Texas Registration No. 5258
, 214.747.3733 Revised: October 28, 2019 A FIELD NOTE DESCRIPTION HEREWITH
\\` TBPLS 10194115 // ACCOMPANIES THIS DRAWING.
DRAWING FIT: 1700467 WATER EASJIENI 8 NENSED.DWG
EXHIBIT [B1
Minimum Insurance Requirements-Easement
Grantee shall, at its sole cost and expense, obtain and maintain the following insurance policies at all
times during the term of this Agreement if applicable for work being performed by Grantee:
Policy Minimum Limits Minimum Coverage
Workers' Compensation Amount required by Law in each .
state where Grantee conducts
operations.
Employer's Liability • $500,000 for bodily injury
(each accident)
• $500,000 for bodily injury by
disease(policy limits)
• $500,000 for bodily injury by
disease(each employee)
Commercial General • $4,000,000 general aggregate Must include coverage for liability
Liability limit arising from premises,operations,
• $2,000,000 each occurrence personal injury, advertising injury,
limit(bodily injury/property products/completed operations, and
damage) liability assumed under an insured
• $1,000,000 each occurrence contract(including tort liability of
limit(personal injury and a third party assumed in a business
advertising injury) contract).
• $2,000,000 aggregate limit
(products/completed
operations)
• $1,000,000 each occurrence
limit(products/completed
operations)
• $1,000,000 each occurrence
limit(fire legal liability)
Business Automobile $1,000,000 combined single limit Must include coverage for all
Liability (bodily injury/property damage) owned,non-owned and hired
vehicles.
Pollution Liability $2,000,000 each The insurance required herein
occurrence/$4,000,000 aggregate cannot exclude coverage for bodily
limit injury,property damage,pollution
or environmental harm resulting
from or arising out of Grantee's
acts or omissions, asbestos, lead or
silica-related claims,claims or
liability arising out of the
transportation and disposal of
waste. The policy must contain a
separation of insureds clause. If a
motor vehicle is used,the Business
Automobile Liability policy will
include coverage at least as broad
as Insurance Services Office(ISO)
CA 99 48 and be endorsed to
include Motor Carrier Act
endorsement MCS 90.
The Workers' Compensation, Commercial General Liability and Business Automobile Liability policies
must, to the fullest extent allowable by Law, include a waiver of subrogation in favor of Grantor, its
Affiliates and each of their respective officers, directors, employees and borrowed servants. The
Commercial General Liability policy will include (i)Grantor, its Affiliates and each of their respective
officers, directors, employees and borrowed servants as additional insureds(collectively, the "Company
Insured Group") or equivalent endorsement. Grantee shall provide a copy of the endorsement to
Grantor within three (3) calendar days after Grantee's execution of this Agreement and within ten (10)
calendar days after each policy renewal.
Grantee covenants and agrees to:
(A) maintain insurance policies meeting the minimum limits and coverage required hereby and any
additional insurance and/or bonds required by Law(i) at all times during the term of this Agreement and
until completion of all obligations associated with this Agreement, whichever is later; and (ii) with
respect to any coverage maintained in a"claims-made" policy, for three (3) years following termination
of this Agreement or completion of such obligations, whichever is later; provided that, if a "claims-
made"policy is maintained,the retroactive date must precede the date of execution of this Agreement;
(B) require each contractor and subcontractor who may perform any labor with respect to the water
line utility facilities or who may enter upon the water line utility facilities Easement Area or the Access
Easement Area to maintain insurance policies meeting the minimum limits and coverage required in this
Exhibit from the time when the contractor or subcontractor first commences labor or first enters the
Easement Area (whichever is first), until completion of such labor or entry on the Easement Area
(whichever is later) and, with respect to any coverage maintained on a "claims-made" policy, for three
(3) years thereafter. Grantee is responsible for ensuring contractors and subcontractors comply with
these requirements;
(C) procure the required insurance from an insurance company authorized to do business in the state
or states where the water line utility facilities Easement Area or the Access Easement Area is located and
having and maintaining a Financial Strength Rating of"A-" or better and a Financial Size Category of
"VII" or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance
Companies; provided, however, with respect to Workers' Compensation insurance, Grantee may procure
such insurance from the state fund of the state where the Easement Area is located; and
(D)deliver to Grantor certificates of insurance stating the types of insurance and policy limits required to
be carried by Grantor and its contractors and subcontractors, and further provide, or cause the issuing
insurance company to provide, at least thirty (30) calendar days prior written notice to Grantor of any
cancellation, non-renewal or reduction in coverage, terms or limits. Grantee shall deliver such
certificates (i) prior to execution of this Agreement and, as applicable to any contractor or subcontractor,
prior to such party's entry onto the water line utility facilities Easement Area or the Access Easement
Area or commencement of any labor associated with the water line utility facilities; (ii) prior to
expiration of any insurance policy required under this Agreement; and (iii) for any coverage maintained
on a"claims-made" policy, for three(3)years following the termination of this Agreement or completion
of all of Grantee's obligations hereunder,whichever is later.
Grantor and Grantee covenant and agree that (i) Grantor's failure to demand such certificate(s) of
insurance or Grantor's failure to identify a deficiency therein will not be construed as a waiver of
Grantee's obligation to maintain the insurance required under this Agreement; (ii)the insurance required
under this Agreement does not represent that coverage and limits will necessarily be adequate to protect
Grantee, nor be deemed as a limitation of Grantee's liability to Grantor under this Agreement; (iii)
Grantee may meet the required insurance coverages and limits with any combination of primary and
umbrella/excess liability insurance; and (iv) Grantee is solely responsible for any deductible or self-
insured retention.