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THENCE,South 03 degrees 04 minutes 05 seconds East continuing over and across said street, <br /> a distance of 860.0 feet to the POINT OF BEGINING. <br /> SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS: The City of La Porte <br /> hereby retains a ten (10) foot public utility easement, being five (5) feet on each side of the <br /> centerline of the existing water main located within the aforementioned portion of the North 8th <br /> Street right-of-way, and a twenty (20) foot public utility easement, being ten (10) feet on each <br /> side of the centerline of the existing sanitary sewer main located within the aforementioned <br /> portion of the North 8th Street right-of-way, with the location of said public utility easements <br /> being generally illustrated on Exhibit"A" incorporated herein. <br /> RESTRICTION ON USE: As a condition of the conveyance of the Property the City of La Porte <br /> expressly prohibits the erection of any structures, facilities or improvements on or below the <br /> surface of the Property and the public utility easements reserved to the City of La Porte herein <br /> and illustrated on Exhibit A. Any structures, facilities or improvements placed on or below the <br /> surface of the Property and the public utility easements reserved to the City of La Porte herein, <br /> shall be removed by, and at the sole expense of, grantee or grantee's successor-in-interest, <br /> regardless of whether such structures, facilities or improvements were installed pursuant to a <br /> permit. Under no circumstance will Grantor be liable for the cost of removal or replacement of <br /> structures, facilities or improvements placed on or below the Property and the public utility <br /> easements. <br /> Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject <br /> to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, <br /> and covenants,if any,applicable to and enforceable against the above described property as reflected <br /> by the records of the county clerk of the aforesaid county. <br /> Grantor for the consideration and subject to the reservations from and exceptions to conveyance, <br /> conveys to Grantee the property without express or implied warranty, and all warranties that might <br /> arise by common law and the warranties in §5.023 of the Texas Property Code(or its successor)are <br /> excluded. <br /> Attest: City of La Porte. Texas <br /> Oki.: A A.' By: <br /> Woodward Corby D. Alexand,. <br /> Secretary City Manager <br /> Approved as to form: <br /> Clark T.Askins <br /> Assistant City Attorney <br />