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H. Decker Survey, Abstract No. 438 - ROW i ~C1~ G(M c}~(, 0/515 ?IS4L\~19-T~~ I f:N.\- ~~ ORIGINAL CITY OF SOUTHLAKE -J (/l ~ ~ S Xl -0 :-,.. f/; .. rT' -11 -eJ -, :> .--J _.. il . ROAD RIGHT-OF-WAY ST ATE OF TEXAS ~ ~ COUNTY OF T ARRANT ~ :..::1 i'.J (~.j KNOW ALL MEN BY THESE ;: SENTS:~ tr, That, CONOCO INC., a Delaware corporation, whose address is P. O. Box 1267, ATTN: Manager, RPA, Ponca City, Oklahoma 74602, and WILLIAMS TERMINALS HOLDING, LLC, a Delaware limited liability company, whose address is P. O. Box 21628, ATTN: RES, 2nd Floor, Tulsa, Oklahoma 74121-1628 (hereinafter referred to as "Grantors"), for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration paid to Grantors by the CITY OF SOUTHLAKE, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "Grantee"), the receipt and sufficiency of which are hereby acknowledged and confessed, do grant, bargain, and convey unto Grantee, its successors and assigns, the right to construct and maintain a paved roadway, together with use and passage associated therewith, in, over, across, below and along the following parcel or tract ofland situated in Tarrant County, Texas, in accordance with the exhibit hereto attached: See attached Exhibit "A" for metes and bounds See attached Exhibit "B" for a graphical d~scription TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever. And Grantors do hereby bind themselves and their successors and assigns, to warrant and forever defend, all and singular, the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantors, but no further. _...^~,._,.,..,_.,,",___ ~_.~,.~._ N"'~"",.' ___""'_._"'''''' .~".,,-__ It is intended by these presents to convey right-of-way to Grantee to maintain and construct the above described improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. To the extent permitted by law, Grantee shall be responsible for and shall release, defend, indemnify and hold Grantors, their parents, subsidiaries and affiliates, and their respective officers, directors, employees, representatives, successors and assigns, harmless from and against any and all claims, demands, damages, liabilities, actions and causes of action, together with reasonable attorneys' and consultants' fees and costs of litigation both at trial and on appeal, for the violation or alleged vi<;llation of any Federal, state or local laws, statutes, ordinances, rules or regulations (including, but not limited to, health, safety and environmental laws, statutes, ordinances, rules and regulations), and for injury or death of any persons and loss or damage to any property (including, but not limited to environmental damage) or the pollution of the atmosphere, water, or ground, in any way arising out of or resulting from any breach of this Agreement by Grantee, the use or enjoyment of the roadway right-of-way by Grantee or the public, the construction, maintenance, operation, repair, replacement or removal of Grantee's facilities on the roadway right-of-way, or any acts or omission of Grantee, its contractors, subcontractors, employees, agents or representatives, except for any claims, demands, damages, liabilities, actions and causes of action caused by the sole negligence or willful misconduct of Grantors. 2 >,._,',' "....,_.., ._,_,_,__,_~,~_ .~".o., .~..___,._,>.. ,"_,,,~'..__ ,~, _..____.,._,,~~.,..~____,_,__._~."_...~__'_.____~'_,.,. ."~ IN WITNESS WHEREOF, Grantors have duly executed this Road Right-of-Way, effective as of the I a t\'l ~e pTem b p,. CONOCO INC. ,2000. day of By: ~.17?~~~. Name: /...j //1 "tl i C <<5::- Title: j)/f2C--c: 70/~ -J/)/A/7 /,;r./7Gl7&~ / WILLIAMS TERMINALS HOLDING, LLC By: ) I t,-<--~JJ )'2~ Micheal Mears Vice President '/}~j STATE OF TEXAS ~ COUNTY OF HARRIS ~ THIS INSTRUMENT was acknowledged before me on this 13t4a day of ~e p t t'm b~,. ,2000, by W. m. t\ I c.ks ' 1.),', e~ t~,.. - :5"""0"'" t r",tE"ft"~1 of CO NO CO INe., a Delaware corporation, on behalf of said corporation. /t;,rV J. !b.1. Notary Public in and for the State of Texas e..y NINA S. CLAh K .J. Notuy Public STATE OF TEXAS _Clmln. Exp. Nov. 9. 2001 :J-."'7.--n'":, _N/~q 3. C la,.k Type or Print Notary Name My Commission Expires: IJ--'f-dJOD/ 3 STATE OF OKLAHOMA ~ COUNTY OF TULSA ~ THIS INSTRUMENT was acknowledged before me on thib+h day of S p n1 V"V"'l hP r , 2000, by Micheal Mears, Vice President o~ TERMINALS HOLDING, LLC, a Delaware limited liability company, on behalf of said limited liability company. ~. ~ ~(lJ.AA_) T un 1 A-QDfU Notary Public in and for the State oCOklahoma r;;\d\n-f ?lLn.Je~ Type or Print Notary Name I Approved by City of Southlake, ~~ ay r, CIty of Southlake My Commission Expires: C\-u -00 /1 day of ~ 2000. ~.~\\\.\ \ (.~!; t ,illl It"~ ~,V" ~~?'.,/!//.l ',;' ,r .L , h, /~ fi,f' O,~'.'.".".'>''';<::~f:~:;;' :.~-....\.. . A ;J<1fJ\'l.\ ~ :. "" >J'~ )jJ ~;,,";' <Joc(!) ~..'" 0.; ~ <':}# ~. ~1i'!1'~.<?..' .ff- ~ It.. I. ~'.tr \\~ "~'(I!!! I hl!l ;\\\\\\\ Attest Return to: City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 4 EXHIBIT "An MUSTANG COURT A 64.00 FOOT WIDE PUBLIC RlGHT-OF-WA Y BEING A TRACT OF LAND 64.00 FEET IN WIDTH SITUATED IN THE H. DECKER SURVEY, ABSTRACT NUMBER 438, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ALSO BEING A PORTION Of THAT CERTAIN TRACT OF LAND AS DESCRlBED BY DEED TO CONOCO INC. AS RECORDED IN VOLUME 3081, PAGE 248, AND CITGO PETROLEUM CORPORATION, AS RECORDED IN VOLUME 9384, PAGE 2202, DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCr), AND BEING MORE PARTICULARLY DESCRlBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD SET IN THE NORTHERLY RIGHT-Of-WAY LINE OF DARTPAC RAILROAD, A 100 FOOT RlGHT-OF-WAY AS RECORDED IN VOLUME 10146, PAGE 640. DRTCT, ALSO BETNG IN THE COMMON CITY LIMIT LINE OF THE CITY OF GRAPEVINE AND THE CfTY OF SOUTHLAKE, SAID ROD BEING N 53050'09"E, 64.38 FEET FROM THE COMMON SOUTHERLY CORNER OF A TRACT OF LAND AS DESCRlBED BY DEED TO JOE L. WRIGHT, AS RECORDED IN VOLUME 8060, PAGE 27 DRTCT, AND SAID FOREMOST TRACT; THENCE N 36c09'51"W, 36.74 FEET TO A 5/8 INCH IRON ROD SET AND THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF THE SAID CURVE TO THE LEFT 51.55 FEET, THROUGH A CENTRAL ANGLE OF 03050'46", A RADIUS OF 768.00 FEET AND A LONG CHORD WHICH BEARS N 38c05'14"W, 51.54 FEET TO A S/8 INCH IRON ROD SET, IN THE COMMON LINE OF SAID WRlGHT AND CITGO TRACTS; THENCE N 00c47'4S"W, ALONG SAID COMMON LINE, 95.96 FEET TO A 5/8 INCH IRON ROD SET AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG THE ARC OF THE SAID CURVE TO THE RlGHT 130.30 FEET, THROUGH A CENTRAL ANGLE OF 08058'24", A RADIUS OF 832.00 FEET, AND A LONG CHORD WHICH BEARS S 40039'03''E, 130.17 FEET TO A 5/8 INCH IRON ROD SET; THENCE S 36c09'51"E, 36.74 FEET TO A 5/8" IRON ROD SET IN THE AFOREMENTIONED NORTHERLY RlGHT-OF-WAY LINE OF THE AFORESAID DARTPAC RAILROAD; THENCE S 53050'09"W, ALONG THE SAID NORTHERLY LINE OF DARTPAC, 64.00 FEET TO THE POrNT OF BEGINNING AND CONTAINING 0.188 OF AN ACRE OR 8,209 SQUARE FEET OF LAND. ~._.' .' ~_". ""__.'_~~.H_+_,~..."......-..-.,_,._,~_,__..___"'_"'~""~__ ___...__.__ ----.-. _...._.._~ "'''-', _._..._-,~~.....,,- ..'~ EXHIBIT 8 MUSTAr\G COURT A 64 FOOT PUBLIC RIGHT-OF-WAY S/8 0 IRON ROO SET ,Q,:." ... ~ - .. - .. ~ Ga\KJCO / !\C. Vo I . 308~, Pa. 248 O. R. T. C. T. & C / TOO PETRa...ELM Ca:PCRA T I Ct'IJ Vo /. 9384, Pg. 2202 O. R. T. C. T. ,~ ~ " ~ ,4 ~6,' ~ "". G!.. ;; Cc/'" , '6' :i --"::0". . , {'~/~ ' , 0. ~ S 16 'IRON'.. ROO SET """ ~ VrJ' >- , /4 ~ ", lYe ~~ ~ " o.t '0 " ;;, o. o. " '" , "0 ", '.J'p. " ~J:J'o. (1 Q ... "'... V1>;- " z ... I o 1.00 ~,,: '.<~ I.O~ , ::6'. ~ b U1 i SCALE: I" = 50' 5/8 . IRON ROO SET 6=08A58'24" R=832.00' L=130.30' L.e.= S40A39'03'E 130.17' liS . '''09. .. .. .. - .. , .. 64' RADIuS TEMPORARY TuRN AROUND EASEMENT SIB' IRON ROD SET 51! . IRON RO:) SET J; :Y' ~ r..';> v.. ,0: 0.$1. - ~. (t' " \ \ 6=03"'50'46' R=768.0Q' L::51.55' L.C,=N38"05'14'W 51.54' JOE L. WRIGHT VOL. 8060, PC 27, DRTCT o '" N ..... I' I 5/8 . IRON ROD SET ~ ..r..~ ' ). 1-\,,- ;l "0 ($".)\'0. 0,,9.,0. ~~\ SlE C~ JttZ ItI'l1(HT va.., B06Q, PC, 21. O'lTCT i-~ :\~,,~ sC>0 ~~~~ '>~ ~(( ...'" , ~~ I c..' ' ',>X'" I %,,,, vc> s/ ~ " c~ " ~" ~~ 'b~..:s hr$~, ....0 <""") -....~c 'I."> ,"/' ,,/ \ "" ~ ,,,/ > ,,/ '\ \., ,\\" '\~ ~ \)~ \)'\>-~ lQl>o.C)'~. ~\.J' C). t>,(Q I~' \C)C) " ,,/ '1.0/ " :t."\ , ,~ '%' ?;%:"'~ ~~" ,cs ~((:V;(,v,~'\ ~~"'\"":~ c;r~'" ,,/ " /" / / / ~"./~l'i/g~!l1. CON S U L TAN T S 500 W.7th ST. SUITE 600 FORT WORTH. TEXAS 76102 (8m 339-8950 FAX (817) 336-2247 /JOB No 202-96126.03 / DA TE: JUNE. 1999 D201218573 CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 -W A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: FIDELITY NATIONAL TITLE RECEIPT NO 201367210 REGISTER DR96 RECD-BY N C PRINTED DATE TIME 09/07/2001 12:35 1 2 INSTRUMENT FEECD D201218573 WD 01 COPIES CC INDEXED TIME 20010907 12:34 CK 8361 COP I E S TOT A L DOCUMENTS: 01 FEE S: 20.00 ~ ---........... - B Y: 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.