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<br />DRAINAGE EASEMENT
<br />
<br />STATE OF TEXAS
<br />
<br />COUNTY OF HARRIS
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />THAT, the undersigned CITY OF LA PORTE, a municipal corporation or Harris County,
<br />Texas (herelnarter called "Grantor"), ror and In consideration or the sum or TEN DOLLARS
<br />(SIO.OO) In hand paid and other good and valuable consideration, the receipt and sufficiency of which
<br />is hereby acknowledged, does hereby grant, bargain, sell, warrant and convey unto UNION
<br />PACIFIC RAILROAD COMPANY, Its successors and assigns (hereinafter collectively called
<br />"Grantee"), a perpetual easement to, at any time and from 'Ime to time, construct, maintain, alter,
<br />Inspect, operate, repair and relocate a drainage swale. Grantee '0 have the right to select, change or
<br />alter the route during or prior to construction on, over and across a ten (10') strip or land situated on
<br />lands owned by Grantor or In which Grantor has an Interest In Harris County, Texas, being more
<br />particularly described on Drawing No. , attached hereto as Exhibit "A" and more
<br />particularly described by metes and bounds on Exhibit "0" attached hereto.
<br />
<br />The right or way and easement herein granted shall have a permanent width or ten reet
<br />(10'). In addillon, Grantee shall have the right to use such addillonal space as may be necessary for
<br />the construction, maintenance and repair of the drainage swale along the route or same.
<br />
<br />Grantor rurther grants and conveys unto Grantee the right of Ingress and egress on, over,
<br />across and through said ten root (10') strip or land for all purposes necessary or Incidental to the
<br />exercise of the rights herein granted.
<br />
<br />Grantor reserves the right to use and enjoy said lands ex~ept as may be necessary for the
<br />purposes herein granted, provided Grantor shall not construct or permit to be constructed any
<br />house, structure, reservoir or other obstruction or excavation on, over or within said permanent
<br />right of way and easement and will not change the grade or any dralnable swale constructed
<br />hereunder; however, Grantor specifically reserves the rlgh' ror perpendicular crossings of Grantee's
<br />drainage swale wilh pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and other
<br />utilities or racllltles constructed so as to notlnterrere wilh Grantee's drainage swale.
<br />
<br />The consideration reciled above shall constitute the full consideration ror the right or way
<br />and easement herein granted, and ror normal construction damall.es. Grantee rurther agrees to pay
<br />ror all damages to growing crops, rences and timber on said land which may be caused In the ruture
<br />by the exercise or the rights granted hereunder, provided that after 'he drainage swale has been
<br />constructed, Grantee shall not be liable ror damages caused by keeping the said right or way area
<br />clear or trees, undergrowth, brush and obstructions.
<br />
<br />The terms and provisions hereor shall be binding upon and shall Inure to the benefit of the
<br />heirs, personal representallves. successors, and assigns of Grantor and Grantee, and Grantee 15
<br />expressly granted the right to assign this rig'" of way and easement, or any part thereor or inlerest
<br />Ihereln, and the same shall be divisible among Iwo or more parties as to any right or Interest created
<br />hereunder.
<br />
<br />This agreement may be executed In counterparts and shall be binding upon each party
<br />executing any counlerparl. Each such counterpart so executed shall have the same force and effect
<br />as an original Instrument as Ir all or the parties to the aggregate counterparts had signed In Ihe same
<br />InstrumenL Signature pages and acknowledgmenls rrom separa'e coun'erparls lJIay be combined
<br />and attached to one counterpart for recording purposes. .~
<br />
<br />This agreement Is the result or open and extended negotiations between the parties hereto,
<br />each party having contributed toward the rlrnfting hereof, d/rectly and/or by counsel. To the
<br />grealest extent allowed by law, 'here shall be no application or the rule or construction or documents
<br />against the drafter.
<br />
<br />The acceptance by Grantee of this agreement and its consent thereto are evidenced by ils
<br />signature and acknowledgment of this Instrument.
<br />
<br />This agreement, as written, covers the entire agreement between ,lie parties and no other
<br />representations or agreements, written or oral, have been made modlrylng, adding to or changing the
<br />terms hereor or inducing the execution hereor and the person obtaining 'his agreement on behalr or
<br />Grantee has no authorily to make any promise, agreement or representation not expressly set rorth
<br />herein.
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