Fill and Sign the 1 Option Agreement for Pipeline Right of Way Form

Page 1 of 3 SERVITUDE AND EASEMENT AGREEMENT(For Pipelines and Metering Station) STATE: COUNTY: _____ (the “Grantor”), whose address is _____, in consideration of valuable consideration paid by _____ (the “Grantee”), the receipt and sufficiency of which is acknowledged, grants, sells, and conveys to Grantee, a right of way, servitude, and easement (the “Easement”) to construct, maintain, operate, alter, replace, and remove pipel ines and appurtenant facilities for the transportation of oil, gas, or other hydrocarbons across, under, or over the following lands referred to as (the “Lands”): (Description of Lands) Grantee desires to obtain a servitude, easement, and right of way for access, ingress, and egress across the Lands, and Grantor has agreed to convey to Grantee a non-exclusive right to use a portion of the Lands to provide, among other things, a right of way for access, ingress, and egress to _____ Metering Station on the land described in the attached Exhibit “A” (t he “Metering Station”). As of the date of this Agreement, Grantor and Grantee have not agreed on the exact portion of the Lands that will constitute the location or alignment of the Easeme nt and Grantor desires to grant and convey to Grantee an easement and right of way on the entirety of the Lands until such time as the particulars of the location of the Easement is determined. For the consideration described above and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement in, on, and over the Lands, to have and to hold, together with a ll and singular the rights provided below, to Grantee and Grantee’s successors and assigns for as long as the Grantee owns an interest in the Lands, as an easement for the benefit of and appurtenant to the Lands. This grant is made and accepted subject to the following terms, covenants, conditions, reservations, restrictions, limitations and exceptions, all of which shall be deemed t o be covenants running with the land, commencing on the execution of this Agreement by Grantee and Grantor, and binding on Grantor, Grantee, and their respective successors and assigns: 1.Grantee and its agents, contractors, employees or other parties Grantee authorizes to use the Lands for the purposes of: (i) unobstructed ingress and egress to the Metering Station located on the Adjacent Land; and (ii) the laying and maintaining of pipeline s, electrical power lines, and other utilities and related equipment in the transportation of oil, gas, or other hydrocarbons across, under, or over the Lands, in Grantee’s reasonable discretion, any pipeline, electrical power line, or utilities. Page 2 of 3 2. Grantee shall provide Grantor, on execution of this Agreement or within six (6) months after that date, an as-built survey of the pipelines and any utilities assoc iated with the Lands (“Pipeline and Utilities Survey”) and an as-constructed survey of the roads or other acc ess paths associated the Lands (“Road Survey,” and together with the Pipeline and Utilit ies Survey, the “Surveys”). Effective on delivery of the Surveys by Grantee and their acceptance by Grantor, the alignment of the servitude, easement, and right of way shall be deemed to constitute the lands covered by the Surveys, including but not limited to include the lands e xtending fifteen (15) feet in width on each side from the center line of the pipelines and utilit ies described in the Pipeline and Utilities Survey and ten (10) feet in width of each side of the roads or pa thways described in the Road Survey. Grantor and Grantee agree to execute and file of record an amendment to this Agreement to effectuate this Agreement. 3.Grantee shall be responsible for maintenance of all ingress and egress areas to and from the Lands. Grantee shall restore and maintain, or reimburse Grantor for restoring and maintaining the original grade and condition of the ground whenever and wherever disturbed by any exercise of this Easement. 4.This grant is made and accepted subject to any and all encumbrances, reservations, conditions, covenants, easements, and restrictions, if any, affecting the use of t he Lands, now of record in the Clerk’s office in _____ County, _____, and to all regulations and ordinances of municipal and/or other governmental authorities, if any, affecting the use of the Lands. 5.Nothing contained in this Agreement is intended to be (or shall be deemed to be) a release or dedication of the Lands for the use, possession, enjoyment or ownership of or by the general public, the city or county in which the Lands are situated, the State of _____, or any other public authority or agency. No right, remedy, or claim shall accrue under or by reason of this Agreement in any persons other than Grantor and Grantee and their respective successors and assigns. 6.The provisions of this Agreement may be enforced by Grantee and Grantor and their respective successors and assigns and may be modified from time to time by the wri tten agreement of Grantee and Grantor (or their respective successors and assigns). 7.This Agreement is assignable without the consent of Grantor so long as the assignee accepts all of the duties and responsibilities set forth in it and full y assumes all obligations of Grantee. 8.The easement granted under this Agreement is nonexclusive and Grantor reserves for Grantor and Grantor’s heirs, successors and assigns the right to convey to others rights in the Lands. 9.This Agreement is subject to and governed by the laws of the State of _____. Grantor and Grantee submit to the jurisdiction of the State and Federal Courts of the St ate of _____. Page 3 of 3 10.This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement is executed effective as of _____. Grantor Grantee (Acknowledgments) (Exhibit “A”: Description of land on which the Metering Station is located.)