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O-2008-3103 Letter Agreement with C. Berdon Lawrence; RE:sanitary sewer service
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O-2008-3103 Letter Agreement with C. Berdon Lawrence; RE:sanitary sewer service
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Last modified
11/2/2016 3:39:26 PM
Creation date
10/29/2008 10:46:57 AM
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Legislative Records
Legislative Type
Ordinance
Date
8/25/2008
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<br />(i) Ingress and Egress Right-of-Way to Lift Station Site dated <br />April 19, 1972 from 0' Meara - Rush, a j oint venture composed of George <br />B. Rush, Sr. and O'Meara Properties, Inc. to La Porte, recorded under <br />County Clerk's File No. 570819 of the Real Property Records of Harris <br />County, Texas; and <br /> <br />(ii) Easement dated March 14, 1973 from Vista Baywood <br />Housing Ltd. to La Porte, recorded under County Clerk's File No. <br />D831770 of the Real Property Records of Harris County, Texas. <br /> <br />D. By Warranty Deed of even date herewith, La Porte is conveying <br />the Lift Station Site and Lift Station Site Improvements to Owner, and Owner and La <br />Porte desire to enter into this Termination for the purpose of evidencing the termination <br />of the Existing Sanitary Sewer Easements and Existing Access Easements and <br />conveyance to Owner of all utility facilities in the Existing Sanitary Sewer Easements. <br /> <br />AGREEMENTS <br /> <br />NOW, THEREFORE, in consideration of the premises and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />Owner and La Porte agree as follows: <br /> <br />1. Termination of Easements. As of the date hereof, (i) the Existing <br />Sanitary Sewer Easements and Existing Access Easements and all easements created <br />thereby or related thereto, and (ii) any other existing access easements or other rights of <br />access currently held or claimed by La Porte through the Owner Property to property <br />owned by La Porte adjacent to the Owner Property, shall be and are hereby terminated <br />and all right, title and interest of La Porte thereunder are hereby released and quitclaimed <br />to Owner. All rights and obligations of Owner and La Porte arising under the Existing <br />Sanitary Sewer Easements and Existing Access Easements are hereby cancelled and <br />terminated as of the date hereof. <br /> <br />2. Conveyance of Utility Facilities. La Porte hereby grants and <br />conveys unto Owner all utility lines and other utility facilities in the Existing Sanitary <br />Sewer Easements and agrees that La Porte has the abandoned such utility lines and utility <br />facilities and has no further rights or interests therein. <br /> <br />3. Continuation of Water Line and Drainage Easements. Nothing <br />herein shall affect the Drainage Easement (the "Existing Drainage Easement") retained <br />by City of La Porte Ordinance 2006-2883, recorded under County Clerk's File No. <br />Z310884 of the Real Property Records of Harris County, Texas, which shall continue in <br />full force and effect. La Porte shall continue to have all rights under the Existing <br />Drainage Easement and all utility lines and other facilities located therein. Nothing <br />herein shall affect the Water Line Easement (the "Existing Water Line Easement") dated <br />April 19, 1972 from George B. Rush, Sr. and O'Meara Properties, Inc. to La Porte, <br />recorded under County Clerk's File No. D570817 of the Real Property Records of Harris <br />County, Texas, which shall continue in full force and effect. La Porte shall continue to <br /> <br />HOD :2702631.7 <br />
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