Declaration of Covenants and Easements by TCDC of La Porte, Inc.

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e e operating and repairing, replacing or removing the equipment shall be borne in accordance with the formula provided in sub- paragraph B above. VIII. Drainaqe System A. The Owner of Parcel 1 hereby grants to the Owner of Parcel 2 and the Owner of Parcel 3, for the benefit of Parcels 2 and 3, respectively, a non-exclusive, perpetual easement for the purposes described in Paragraph C of this Section VIII, in, to and over that portion of Parcel 1 described on Exhibit J attached hereto and made a part hereof (the "Drainage Easement Tract") . B. The Owner of Parcel 2 hereby grants to the Owner of Parcel 3, for the benefit of Parcel 3, a non-exclusive, perpet- ual easement for the purposes described in Paragraph C of this Section VIII, in, to and over that portion of Parcel 2 described in the Drainage Easement Tract. C. The easements granted in Paragraphs A and B of this Section VIII are for the purposes of excavation and maintenance of a drainage ditch of suitable size for the drainage of Parcels 1, 2 and 3. The Owner of Parcel 3 agrees to construct the drainage ditch on the easement described in the Drainage Easement Tract. The cost of constructing said drainage ditch shall be borne, subject to the provisions of Sections X and XI hereof, by the owners of Parcels 1, 2 and 3, respectively, in amounts to be determined by multiplying the cost of construct- ing such drainage ditch by a ratio the numerator of which is the number of square feet in the respective owner's parcel and the denominator of which is the sum of the number of square feet in Parcels 1, 2 and 3. The owners of Parcels 1, 2 and 3 shall be jointly responsible for the repair and maintenance of the drainage ditch constructed pursuant to this Paragraph C and each shall bear the cost of repairing and maintaining that por- tion of the drainage ditch which traverses their respective -13-