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2000-IDA-26
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2000-IDA-26
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6/19/2007 3:52:12 PM
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La Porte TX
Document Type
Ordinances
Date
8/28/2000
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<br />e <br /> <br />e <br /> <br />(GPR) protection equipment and telemetry devices), used in connection with the supply of <br />telephone, data, tele-protection, wireless, fiber optic, local area network (LAN) data access, wide <br />area network (WAN) connectivity, Supervisory Control and, Data Acquisition System (SCADA), <br />microwave, closed circuit television and other co~IJ1unication, telecommunication and <br />computing services to and from the REI Property or otherwise used in connection with Grantor's <br />business (including the licensing or other sharing of any such property between or among <br />Grantor and commercial telecommunications providers or others) and which are focated in, on or <br />under the land described. as the Microwave Tower Tract in Section 2.7 of the Easement <br />Agreement; <br /> <br />(d) Certain Telecommunications Improvements Within Plant Land: All copper and <br />all fiber optic telecommunication cables located outside the Microwave Tower Tract that connect <br />from equipment located within the Microwave Tower Tract to equipment located within the <br />Plant Land that provides communications services to the Plant located on the Plant Land, to the <br />first point of cross-connection within the Plant Land, as well as the multiplexing communications <br />equipment attached at that point and the distribution racks hQusing such equipment; and <br /> <br />(e) Certain Fiber Ootic Lines Within Plant Lane!: To the extent not included in (d) <br />immediately above, all fiber optic telecommunications cables located within the Plant Land but <br />outside of the Microwave Tower Tract that connect from equipment located within the <br />Microwave Tower Tract to equipment located outside of the Plant Land (said excluded <br />properties of Grantor described in (a) through (e) abovc~ herein collectively referred to as <br />"Grantor's Severed Property"). <br /> <br />The Grantor's and the TGH's Severed Property (collectively referred to as the "Severed <br />Property"), including all future modifications and alterations thereto, are hereby, and shall <br />remain, severed from the land to which they are currently affixed and shall Constitute the <br />personal property of either Grantor and TGH, as the case may be, its successors and assigns, <br />regardless of whether such Severed Property is now or hen~fter physically attached to the land <br />or would otheIWise constitute a fixture or other item of real property under applicable law. The <br />character of the Severed Property as personal property shall not be altered or affected by (i) any <br />future alteration to, or modification or relocation of, the Severed Property, (ii) any attachment or <br />reattachment of the Severed Property to the land, or (iii) any other event, circumstance, <br />condition, course of dealing, act, inaction or omission, other than an express written instrument <br />to the. contrary hereafter executed by the parties hereto ~md recorded in the Official Public <br />Records of Real Property of said county. Upon request of either Grantor or TGH, the other party <br />agrees to execute (and record, if applicable, at the expense of the requesting party) such further <br />documents or instruments as may be appropriate to eviden(~e the identity and ownership of the <br />Severed Property from time to time, as such Severed Property may be hereafter modified or <br />altered. <br /> <br />Grantor hereby reserves to itself, its successors and assigns, certain easements over, <br />under, through and across the Plant Land in accordancc~ with the terms of the Easement <br />Agreement. The easements hereby reserved are for the bene:fit of, and shall be appurtenant to the <br />REI Land as defined and described in the Easement Agreemcmt, and any additions thereto. <br /> <br />HOU03:827974.4 <br /> <br />5 <br />
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