Prepared By: NiSource Corporate Service Company ghenag — 4700 MacCorkle Avenue, SE CR Charleston, West Virginia 25314 RECORDER OF DEES Return To: Percheron, LLC 1045 Andrew Drive, Suite CIA ‘West Chester, Pennsylvania 19380 Line No.: 1278 & 1278 Loop Project Tract No.: PA-CH-102.000 UPINo.: 39-2-87 ¥/, sh BIGHT-OF-WAY AGREEMENT THIS AGREEMENT (this “Agreement’) is made and entered into as of Tanwar ales 2018, by and between Most Reverend Charles J. Chaput, O.F. . shop of Philadelphia (in his capacity as Archbishop of Philadelphia, and not sonal or individual capacity) (herein “Grantor’), having an address at Archdiocese of Philadelphia, Office for Property Services, 222 N. Seventeenth Street, Philadelphia, PA 19103-1299, Attention: Director ~ Real Estate Services, (hereinafter, collectively called Landowner’), and COLUMBIA GAS: TRANSMISSION LLC (herein “Grantee"), a Delaware limited liability company, having an address at 1700 MacCorkle Avenue SE, Charleston, West Virginia 25301, its successors and assigns. RECITALS: A. _ Grantor is the owner of fee simple title to a certain tract of land situate in Cain ‘Township, Chester County, Pennsylvania, containing approximately 61 acres, pursuant to a certain Deed recorded in the land records of Chester County, Pennsylvania in Deed Book 4065 at page 1177 (property tax parcel number 39-2-87) (the “Property’). B. _ Grantee desires to acquire from Grantor a right-of-way and easement over the Property sufficient to lay and operate a natural gas pipeline, which right-of-way and easement Grantor desires to grant, all on the terms and subject to the conditions hereinafter provided, AGREEMENTS NOW, THEREFORE, in exchange for good, valuable and sufficient consideration received from one another, Grantor and Grantee hereby mutually covenant and agree as follow, intending to be legally bound: 1. Grant. Subject to and upon the terms and conditions hereinafter set forth, and subject to all matters of record as of the date hereof, the Grantor does hereby grant, bargain, sell, transfer and convey unto the Grantee, iis successors and assigns, a perpetual right-of-way and easement (the "Easement”) on, over, through and under the Easement Area (as hereinafter defined), together with (a) the right to erect, construct, install, and lay within the Easement Area, and thereafter use, operate, inspect, repair, maintain, upgrade, replace, and remove or abandon in place, @ single natural gas pipeline, together with the fixtures and equipment that are oe aus DOC HW 11387840 s 11387848 B: 9048 P: 439 RMA pos x gsgragouz/zensi:t9 mt puree, bose re, Rene eee pecorder of Deeds ARTA tia ALMA TH MI)appurtenant thereto, including, but not limited to, cathodic protection, hydrate removal systems and data acquisition facilities (such pipeline and appurtenant faciities being collectively referred to herein as the Improvements"), and (b) the right of ingress and egress over the Property, to the extent reasonably necessary in order to exercise the rights granted hereunder. The Easement shall also permit Grantee to construct use, operate, inspect, repair, maintain, replace and remove or abandon in place the Improvements, including, without limitation, the right to: (1) perform pre-construction work; (2) ingress to and egress from the Easement Area, to and from the closest existing Public road that abuts the Property, ovar one or more reasonable routes on the Property; and (3) if and as necessary for the proper operation, repair and inspection of the Improvements and subject to Grantor's rights under Sections 4(d) and 4(e) hereof: (a) clear the Easement Area of all obstructions; and (b) clear, cut, trim, and/or remove any and all overgrown or obstructive vegetation, trees, brush and overhanging branches from the Easement Area by various means, including the use of herbicides approved by the Commonwealth of Pennsylvania and the United States Environmental Protection Agency (or successor-in-duty) 2. Easement Area. The center line of the Easement will be that certain line that is. shown on that certain Easement Plat dated 01/01/15 (Drawing No. PA-CH-102.000.dwg) and described in the accompanying description, both prepared by Willbros Engineers (U.S.) LLC and attached hereto as Exhibit “A” and hereby made a part hereof (the ‘Line of Easement’) (a) Temporary Easement for Construction. During the period of initial construction of the Improvements, or to later relocate, repair or remove the Improvements if and as permitted or required hereunder and to conduct all activities incident thereto, including restoration or clean-up activities of the Improvements as described in this Agreement, the Easement Area shall include fifty (50) feet on one side of the Line of Easement, thus constituting a temporary easement fifty (50) feet in width, as shown on the attached Exhibit ‘A” {b) Pipeline Easement. The pipeline easement, which shall commence upon ‘completion of construction of the Improvements, shall be twenty-five (25) feet on each side of the Line of Easement, thus constituting an Easement Area of fifty (50) feet in width. ‘The area contained within the area of the easement herein granted, whether the temporary easement for construction, or the pipeline easement, as applicable, is herein referred to as the "Easement Area.” 3. Grantor's Right of Possession. All Improvements, except for appurtenant equipment and line markers necessary or dasirable for the operation of the Improvements, shail be buried so as not to unreasonably interfere with the use of the land by Grantor or its employees, lessees and invitees. Grantor shall not change the depth of cover over the Easement Area of any installed pipeline without the prior written consent of Grantee, and shail riot place or permit to be placed any temporary or permanent structure or obstruction of any kind, including but not limited to buildings, mobile homes, trees, unapproved fences, or shrubs taller than five (6) feet at maturity, on or over the portion of the Easement Area of any installed pipeline, and shell not store any materials of any kind or operate or allow to be operated any heavy machinery or equipment over the Easement Area, nor change the grade of the Easement asni0s6s ail i iinet wiArea resulting in it being covered by standing water, except in the course of normal seasonal irrigation 4. Purpose and Limitations on Use of Easement. This Easement is granted solely for the purposes and uses set forth and limited below. a. Single Pipeline. This Easement allows one (1) pipeline, not to exceed 30 inches in diameter, which pipeline shall be used only for the transportation of natural gas and for no other uses or purposes. b. Depth. The top of the Impravaments shall be a minimum af forty-eight (48) inches from the surface of the ground (after construction and settlement) or such minimum depth as may be required by any applicable law, code or regulation, whichever is greater, c. __Appurtenances. There shall be no surface appurtenances to the pipeline other than as required for the operation of the improvements, or as agreed to by Grantor in advance by separate written instrument signed by Grantor. 4, Other Easements. Grantor may grant other easements over, along and across the Easement Area so long as: (1) such other easements do not interfere with Grantee's purposes and uses of the Easement, (2) any such easements are granted with the condition that such easement holder and its successors and assigns comply with Columbia's minimum guidelines for construction activities near natural gas pipelines and (3) Grantor has obtained the Prior, written consent of Grantee which shall not be unreasonably withheld, and which shall be provided within thirty (30) calendar days after receipt of request therefor. Grantee shall have no Tight to grant additional easements or sub-easements on, along or across the Easement Area. ©. _ Grantor Use of Easement. Grantor retains, reserves and shall continue to enjoy use of the surface of the Easement Area for any and all purposes that do not interfere with ‘or prevent the use by Grantee of the Easement, including the right to bulld and use the surface of the granted Easement Area for drainage ditches, private streets, roads, driveways, alleys, walks, gardens, lawns, grazing, plantings end crops, and other like uses, to the extent such uses are consistent with Columbia's minimum guidelines for construction activities near natural gas pipelines. Grantor may construct fences across the Easement Area, ta the extent such fences are consistent with Columbia's minimum guidelines for construction activities near natural gas pipelines, but Grantor shall not construct any permanent structure or plant trees in the Easement Area. if the Grantor shall dedicate ail or any part of the Easement Area, the Grantee shall execute all instruments that may be necessary or appropriate to effectuate the dedication, without, however, extinguishing the rights granted in this Agreement. Grantor reserves the right, at Grantors expense, to require Grantee to relocate the Easement and the pipeline installed therein to a location mutually agreeable to Grantor and Grantee provided the relocated Easement and pipeline can be reasonably used for its intended purpose by Grantee. Grantor may exercise this right by giving Grantee a minimum of one hundred twenty (120) calendar days’ prior writtan notice of the intention ta relocate the Easement. 5. Consideration; Recording. At the signing of this Agreement Grantee shall pay to Grantor the sum of $10 as compensation for Grantor's grant of the Easement hereunder. This Agreement shall be properly recorded by Grantee at Grantee's sola expense. 3. asti0s6 5s 113878: oes HERI Bane AS at, RM BW la nll aA RU wil