Fish Engineering & Construction, Inc. Public Utility Easement

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. .) , J <1'. . ,^, c"r... \ \ . '.. or-' _. ... . . J~8:112541 :, D8[H]2-~9J2 (1,5/01104 "00'1"''-'~ Jl!rll"'-,t ';. "'1..',#..,,'=I;;c 't(l ,:;).." $ '1. (to PUBLIC UTILITY EASEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ KNOW ALL MEN BY THESE PRESENTS: FISH ENGINEERING & CONSTRUCTION, INC., a Texas Corporation, of Harris County, Texas, hereinafter called Grantor, for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable considerations to it in hand paid by the CITY OF LA PORTE, receipt of which is hereby acknowledged, does hereby give and /) I grant unto the said CITY OF LA PORTE, a municipal corporation of Harris County, Texas, and all public utilities holding franchises from the CITY OF LA PORTE, the right to enter upon the property described on Exhibit "A", attached hereto and made a part hereof for the purpose of fulfilling all public utility functions of the CITY OF LA PORTE and its said franchises. Grantor currently maintains a drainage ditch on the property described on Exhibit "A", and grants this easement with the express reservation that said property shall continue to be used as a drain- age ditch, and that neither the size or flow volume of said ditch shall be diminished, in perpetuity, provided that the CITY OF LA PORTE may otherwise use said property to fulfill its public utility functions. The CITY OF LA PORTE shall maintain or cause said ditch to be maintained so as to always be in proper working order. Further, Grantor expressly reserves the right to enter upon the property described on Exhibit "A", for the sole and singular purpose of maintaining the drainage ditch referenced above in the event of CITY OF LA PORTE fails to maintain the ditch in accordance with the provisions herein. TO HAVE AND TO HOLD the same perpetually to the CITY OF LA PORTE, and its franchised public utilities, together with the right and privilege at any and all times to use said easement, or any part thereof, for the purpose of fulfilling their public utility functions.