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<br />L626067
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<br />7
<br />
<br />PIPELINE RIGHT OF WAY AND EASEMENT
<br />
<br />THE STATE OF TEXAS
<br />
<br />X O~/18/88
<br />X KNOW ALL MEN BY THESE PRESENTS:
<br />X
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<br />00169731 lL26206n t 9.uu
<br />
<br />COUNTY OF HARRIS
<br />
<br />That, for and in consideration of the sum of TEN DOLLARS ($10.00)
<br />and other good and valuable consideration, the receipt and sufficiency of
<br />which are hereby acknowledged, EXXON PIPELINE COMPANY, a Delaware . )
<br />corporation, hereinafter referred to as "Grantor," does hereby grant unto IY
<br />the CITY OF LA PORTE, TEXAS, hereinafter referred to as "Grantee," its
<br />successors and assigns, a nonexclusive right of way and easement to
<br />construct, maintain, operate, repair, replace, and remove an eight-inch (8")
<br />pipeline and all applicable appurtenances for the transportation of water,
<br />said right of way and easement being more particularly identified and
<br />described in Exhibit "A," attached hereto and made a part hereof, together
<br />with the right of ingress and egress to and from said pipeline along said
<br />easement (or other route approved in advance by Grantor) for the purposes
<br />herein granted, subject to the provisions hereof.
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<br />Grantor hereby reserves for itself, its successors and assigns, the
<br />right to use the right of way for any purpose and in any manner, including,
<br />but not limited to, the right to construct or to permit others to construct
<br />other pipelines alongside of and adjacent to Grantee's pipeline, the right
<br />to cross or to permit others to cross under or over Grantee's pipeline with
<br />pipelines, roads, streets, railroads, water lines, sewer lines, and other
<br />utilities or facilities so long as such use does not unreasonably interfere
<br />with the rights of Grantee hereunder.
<br />
<br />Grantee agrees that its right of ingress and egress is limited to
<br />the right of way and to the existing entrance road into Grantor's property
<br />and that, for purposes of initial construction and subsequent repair of its
<br />pipeline, Grantee may use as working space such parts of Grantor's land
<br />adjacent to said right of way as is reasonably necessary to effect such
<br />construction or repair, provided that the land is not occupied by sub-
<br />stantial improvements. Grantee further agrees that the pipeline, as
<br />constructed, will be a minimum of four (4) feet below the surface of the
<br />natural ground and shall be designed, constructed, tested, and operated in
<br />accordance with applicable safety rules and regulations published by federal
<br />and/or state regulatory agencies having jurisdiction. If no such government
<br />safety rules apply, then applicable industry standards and practices shall
<br />be complied with.
<br />
<br />Grantee shall not transport in the pipeline covered by this
<br />easement any product, material, or substance other than that named above
<br />without the prior written consent of Grantor, which consent shall not be
<br />unreasonably withheld, provided the new product, material, or substance can
<br />be, in Grantor's opinion, safely transported in the pipeline as designed,
<br />constructed, tested, and maintained, and its use for such purpose violates
<br />no state, local, or federal regulations governing the design, construction,
<br />testing, and operation of pipelines for the trmlsportation of such product,
<br />material, or substance.
<br />
<br />The easement and rights hereby granted are nonexclusive, are
<br />subject to all other easemepts, exceptions, reservations, rights, and
<br />encumbrances either of record or evidenced physically on Grantor's premises,
<br />and are granted without any warranty of title, express or implied, by
<br />Grantor.
<br />
<br />Grantee agrees to indemnify Grantor and save it harmless from any
<br />and all claims, demands, and causes of action for damage to property or
<br />injury to or death of persons which may in any way result from, grow out of,
<br />or arise in connection with the exercise by Grantee of any of the rights
<br />herein granted except to the extent that such claims, demands, or causes of
<br />action result from Grantor's negligence or willful misconduct.
<br />
<br />Please return to:
<br />
<br />Cherie Black
<br />City of La Porte
<br />P.O. Box 1115
<br />La Porte, Texas 77571
<br />
<br />FI LED FOR RECORD
<br />8:30 A.M.
<br />APR 1 8 1988
<br />
<br />Oo-/c "i?~-.v
<br />County Cl~rk, Hams Coumy. Tellas
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