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<br />./ <br /> <br />KWA/fh <br /> <br />cc - Hen. Mayor Pro-Tem and ~ <br />City Commissioners <br /> <br /> <br />In the event Amer.ican Title Company completely declines to <br />insure, we would want an attorney's opinion letter from the <br />Baker 'and Botts Law Firm, that the title is merchantable, <br />coupled wi~h the aforementioned hold harmles$ agreement from <br />Sou~hern pacific:Transportation Company. <br /> <br />You state in, yo~r letters that American Title Company declines <br />to insure. I am not clear. as to whether they decline to insure <br />altogether, or will only insure,with exceptions ,~s to certain <br />named heirs whe were not made parties.to the condemnation suits. <br />If they will insure with exceptions as to the,na~ed heirs, I <br />. will recommend to the City Commission of the City ef La Porte <br />that it aceept such title insurance, if coupled with an agree- <br />ment by Southern Pacific Transportation'Company to save and <br />. hold harmless ,the City of La Parte from any claim by the heirs <br />named in the exception, including the agreement by .Southern <br />Pacific Transportation Company to 'file, and prosecute to com- <br />pletion, any necessary condemnation suits to secure the interests <br />of said' heirs in the future, if .necessary; and to defend at its <br />expense, and pay,any judgment which might be obtained, in the <br />event any of said heirs should bring actions against the City <br />of La Porte. <br /> <br />This will aek~ow1edge receipt of your letter of December 17, <br />1975, concerning Parcel, 6, Spencer, Road, Grade Separation <br />project, Eli and Earnest Mitchell, Executors'" American Title <br />GR-2ll258, and letter ef December 18, .1975, EllaM. Bernard, <br />Individua'l].:y and Administratrix, Parcel 7,' American Title <br />Company GF-21l259. . <br /> <br />Dear Mr. Johnston: <br /> <br />Mr..C. R. Johnston <br />'Southern Pacific Land Company <br />P.O. Box 1319 <br />Houston, Texas 770Q1 <br /> <br />December 29,.1975 <br /> <br />713 471-1888 <br /> <br />KNOX W. ASKINS, oJ; o. <br />ATTORNEY AT LAW <br />122 s. BROADWAY <br />P. O. BOX 1218 <br />LA PORTE. TEXAS 77571 <br /> <br />.., <br /> <br />. <br /> <br />\.;:.. ~ <br />