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<br />e <br /> <br />e <br /> <br />County, Texas, and being more parL~~ularly described as Detention <br /> <br />Res~Jve on the Plat of ~airmont Par~ East, section Six, as recorded <br />under Harris County Clerk's File No. T569294. The warranty deed <br /> <br />contained the following restrictions, to-wit: <br /> <br />"Further, the real property conveyed hereby may be used <br />only for the purpose of detention of rainwater from <br />Fairmont Park East, section Six, and from future sections <br />as shown on the General Plan of Fairm9nt Park East, which <br />includes Fairmont Park East, sections Five, and Seven <br />through Nine; <br /> <br />SAVE AND EXCEPT that said tract may also be used for <br />recreational playing fields, open space, park area or <br />other similar use so long as any use of the said tract <br />shall in no way interfere with its .use as a detention <br />area for rain water. By acceptance of this warranty <br />deed, the Grantee herein accepts the responsibility for <br />maintenance of the real property. This restriction as to <br />the use of this tract shall also be included in the <br />Declarations and Covenants recorded against Fairmont Park <br />East, section Six, of even date herewith and any member <br />of the Fairmont Park East Homeowners' Association and/Or. <br />the city of La Porte shall have the right, but not the <br />obligation, to enforce this restriction." <br /> <br />III. <br /> <br />ASSOCIATION is desirous of obtaining a special warranty deed <br />from CITY, conveying to ASSOCIATION, the real property described in <br /> <br />paragraph I, above. <br /> <br />CITY is desirous of obtaining a special warranty deed from <br />ASSOCIATION, to the real property described in Paragraph II, above. <br />ASSOCIATION has taken all steps legally necessary, to obtain <br /> <br />the consent of its members, to this proposed exchange. <br />CITY will approve this proposed exchartge by ordinance which <br />shall be adopted by the City Council of CITY. <br />'",. "rf" ." ASSOCIATION will continue to operate the real property <br /> <br />described in Paragraph I, above, as a recreation area for its <br /> <br />residents. <br /> <br />2 <br />