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2007-IDA-08 Metton America, Inc
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2007-IDA-08 Metton America, Inc
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8/5/2010 12:37:14 PM
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La Porte TX
Document Type
Ordinances
Date
12/3/2007
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5I 488-3855 <br />Subject to the other terms and previsions hereof; Grantor hereby reserves far the benefit of , <br />itself and its successors and assigns, (i} a twenty (2U) foot wide nonexclusive utility easement and <br />right-a£-way interior to and contiguous with the nntu+e length of the narthem 6ouadary line of the <br />Property (the "~t1 Foo! Easement"}; and (ii) an eighty {$0) foot wide nonexclusive utility easement ~ ' <br />and right-of-way parallel with the entire length of the western boundary line of the Property which <br />is the centerline of State I~i'rghway No. 334 (the "80 Foot Easement') aver, upon, across and under , <br />'I <br />the strips ar portions of the l?raperiy (such parcels shall be oailectively referred to herein as the <br />"F.a~ement Strips°~ as same are wore particularly described on xlri i and xhi i D attached I <br />hereto and made a part hereof for all purposes. The 20-Foot Leasement and the 80.Poot Easement • i <br />shall be collectively referred to herein as the "F.,asemenis:" TheEasements shall be used by Grantor ,_ <br />solely for the purposes ofconstructing, maintaining, repairing and aperatingutilities. <br />The followring terms and conditions shall apply to the Easements: <br />A Grantee (as owner of the Property), its successors end assigns, and the respective <br />lessees, sublessees, guests, invitees, contractors and agents of Grantee and its successors and assigns <br />(collectively referred to hereiA as the "Grmrtee Parties"}, shalt have theright to () use the Easement <br />Strips in any manner that the Grantee Parties deem necessary ar desirable; (i} grant easements or <br />rights-of-way an, across and/or under the Faseiment Strips to such persons ar entities and far such ! <br />purposes as the GranteeParpes may desire; and (iii) CanstrucL ar locate aver, upon and/or underthe ~ ~ <br />Easement Strips permanerrt or temporary improvementsand/or fixtures; provided that, in all such <br />cases, Grantor shall not be unreasonably hindered in its use and enjoyment of the Easements, i <br />Except as otherwise indicated herein, Grantee shall exercise fu11 czrstody and control afthe <br />Easement Strips. <br />B, Grantor shall eat install, construct, erect or otherwise place any lines, improvements <br />or other structures, including but not tinuted to pipelines, power lines, down guy lines, poles, signs, <br />culverts or fences, upon, aorass or under the Easement Strips without first (i) notifying Grantee in <br />writing of Grsntor's intent to install ar construct any improvements ar structures upon, across or <br />under the Easement Strips; and (ii} providing Grantee with copies of all plans and specifications <br />regarding the improvements nr st<uctures to be installed or constructed by Grantor. If Grantee <br />reasonably objects to the installation, construction or nature of Grantor's proposed improvements or <br />structures, Grantor and Grantee shall use cammerr;ialIy reasonable efforts to modify the <br />specifications of such improvements or structures and/or to relocate such improvements or <br />structures; provided however, that all modifications and/or relocations are mutually acceptable to <br />Grantor and Grantee. Any and all lines, improvements ar other struchrres located upon, across or <br />under the Easement Strips and installed by Grantor shall be maintained, repaired, replaced or <br />
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