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<br />.- <br /> <br />" <br /> <br />Ordinance No. 98- 2'3 <br /> <br />e <br /> <br />3 <br /> <br />and Ranis COlmty Flood Control District a s~ty-foot wide water, sanitary sewer, and drainage <br />easement located within the existing Arizona (5th) Street Right-of-Way as shown on Exhibit "B" <br />attached hereto. <br /> <br />Said public utility easements shall be further subject to the provisions and restrictions contained in <br />Sections 2 & 3 of this ordinance. <br /> <br />Section 2. The City of La Porte, for itself, its successors and assigns, and Harris County Flood <br />Control District, shall have the petpetual right, privilege and easement, with appropriate rights of ingress <br />and egress and reasonable working area for construction and maintenance, to enter upon and construct, <br />reconstruct, maintain, operate, inspect, replace, restore, repair, and remove public utility facilities, together <br />with all necesSaJ)' improvements in, over, under, through and across the public utility easements retained <br />and described in Section 1. <br /> <br />Section 3. No buildings, awnings, overbangs, or other structures may be placed on, over or across <br />the public utility easements retained and described in Section 1. Provided, however, nothing in this <br />paragraph shall prevent the right of the owner of said property, to pave, landscape, or otherwise use the <br />surface of said public utility easements, with the exception of Arizona (5th) Street, so long as such use is not <br />inconsistent with the rights of the City of La Porte. All paving plans and specifications shall be subject to <br />the prior approval of the City of La Porte, including, but not limited to the placement of construction joints <br />in any paving. Any surface or other use of Arizona (5th) Street shall be subject to previously recorded <br />easement Volume 7127 Pages 296-97 of the Harris County Deed of Records, shall be consistent with the <br />rights of the City of La Porte and Harris County Flood Control District as described in Section Two and <br />shall require prior approval of both the City and Harris County Flood Control District. The City of La Porte <br />and Ranis County Flood Control District shall not be obligated to restore or repair any such paving, <br />landscaping or other improvements disturbed, damaged, or removed by the exercise of such public utility <br />rights and privileges described in Section 2. <br />