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<br />RIW#:
<br />Draft No.:
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<br />TCM-on.OO & MDT-36.20
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<br />RIGHT OF WAY GRANT
<br />
<br />STATE OF TEXAS ~
<br />COUNTY OF HARRIS ~
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<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
<br />called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 1 0.00 ) in hand
<br />paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
<br />hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
<br />corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
<br />any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
<br />remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
<br />marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
<br />of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
<br />transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
<br />construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
<br />has an interest in Harris County, Texas, being more particularly described on Drawing No. SEAPL 114, attached
<br />hereto as Exhibit "A" and more particularly described by metes and bounds on Exhibit "B" attached hereto.
<br />
<br />The right of way and easement herein granted shall have a permanent width of twenty feet (20'). In addition,
<br />Grantee shall have the right to use such additional space as may be necessary for the construction, maintenance
<br />and repair of the Pipeline along the route of same. Grantee agrees, at the time of construction, to bury said Pipeline
<br />(except for fittings, corrosion control equipment, marker signs, vent posts and other apparatus) to a depth of at least
<br />forty-eight (48) inches.
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<br />Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
<br />said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
<br />granted.
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<br />Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
<br />granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
<br />obstruction or excavation on, over or within said permanent right of way and easement and will not change the
<br />grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
<br />crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
<br />other utilities or facilities.
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<br />The consideration recited above, shall constitute the full consideration for the right of way and easement herein
<br />granted, and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
<br />fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
<br />provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
<br />the said right of way area clear of trees, undergrowth, brush and obstructions.
<br />
<br />Any payment provided for hereunder may be made by check or draft to Grantor. If mailed, such payment shall
<br />be considered made as of the date of mailing thereof to Grantor. No change in the ownership of the land affected
<br />by this Grant shall affect payment hereunder until thirty (30) days after Grantee shall have received a copy of a
<br />recorded instrument evidencing such change.
<br />
<br />This Right of Way Grant shall be governed by, and subject to the terms and prpvisions of Chapter 18-A
<br />"Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas and City of La Porte Pipeline
<br />Permit Ordinance No. 99-915-RR-A.
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<br />The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
<br />representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
<br />assign this right of way and easement, or any part thereof or interest therein, and the same shall be divisible among
<br />two or more parties as to any right or interest created hereunder.
<br />
<br />This agreement may be executed in counterparts and shall be binding upon each party executing any
<br />counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
<br />all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
<br />acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
<br />purposes.
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