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<br />RIGHT UF WAY GI{^'H
<br />
<br />e.
<br />
<br />THE STATE OF TEXAS:
<br />COUNTY OF HARRIS:
<br />
<br />THAT FOR AND IN CONSIDERATION of the sum of TEN UOLLARS ^NO NO CENTS
<br />($10.00) and other valuable. considerations paid to the undersigned owner
<br />(hereinafter called IIGrantor") the receipt of which is hereby acknO\'/ledged,
<br />Grantor does hereby grant to Union Carbide Corporation, a New York
<br />corporation, its successors and assigns (hereinafter called "Grantee"), a
<br />right of way and easement to at any time 'and from time to tillle lay, construct,
<br />maintain, operate, replace, protec'~, repair, chilnge the size of and remove one
<br />(1) pipeline including fittings, corros'jon control equipment and other
<br />apparatus (hereinaftet. called the IIPipeline") above the ground for the
<br />transportation of hydrogen gases or any other gases, 1 iquids or substances
<br />which can be transported through a pipeline v/ith all incidental equipment and
<br />materials, on, over and through the following described lands, situated in
<br />Harris County and State of Texas, to \'/it; a Y"i~Jht of way and easement beinq
<br />ten feet (101) in width as described in Exhibit "^" and depicted in Exhibit
<br />IIIJ", attached hereto and made a part hereof.
<br />
<br />In addition, Grantee shall have the right to use such additional sp~ce as
<br />may be necessary for the construction and maintenance of the Pipeline along
<br />the route of same and of ingress and egress over and across the above
<br />described lands and adjacent lands of Grantor for a 11 purposes incident to
<br />said grant.
<br />
<br />It is distinctly understood and agreed that this does not constitute a
<br />conveyance of any part of the lands above-described nor of the minerals
<br />therein and thereunder, but grants only the right of way and easement as above
<br />provided.
<br />
<br />Grantor reta ins for itself and its heirs and assigns a 11 the rights and
<br />uses that do not specifically inte)"fere ',lith the use of the rights g)"anted
<br />herein; provided, however, Grantor or its heirs and assigns, shall not
<br />construct or permit to be constructed on or over said ri~lht of "lilY and
<br />easement any structure or obstructiDn tlhlt "II'j 11 illterfere \'/ith the rights
<br />herein granted.
<br />
<br />Grantee shall install the Pipeline and incidental equipment and materials
<br />in accordance with all applicable ~Joverl1l!I(!ntal rules and regulations, alld
<br />shall install the Pipeline and all 'incidental equipment and materials (except
<br />markers, vents, corrosion, protect'io!l 'leads .)n:1 valves) when huried at a depth
<br />of at least three (3) feet belm'i the niltwo I sw'face elevation of the ground
<br />at the time of construct ion,. Gral1tl~e SILlll 1l-:1Y for any damaqe 'to fences,
<br />blacktop, concrete or any other 'illlprOVeflll!nt.s, thilt lIlay result from Grantee's
<br />exercise of any of the rights and pr-iv il(?9'::!S hereby granted. After the
<br />Pipeline has been installed, Grantee shall 1I0t thereafter be responsible for
<br />maintaining any landscaping or appurtenances p'laced b.y Grantor on the right of
<br />way and easement, nor shall Grantee be responsible for t.eplacing any
<br />landscaping or appurtenances unless dillllil~Jl:?d by Grantee.
<br />
<br />The terms and provisions hereof shall be"bind'ing upon and shall inure to
<br />the benefit of the heirs, personal representatives, successors and assigns of
<br />Grantor and Grantee, and Grantee. is expressly granted the right to assign the
<br />right of \./ay and easement granted herein, OT' allY part thereof or interest
<br />therein, and the same shall be div'isible among b/o or more parties as to any
<br />right or interest created herein.
<br />
<br />Grantee, its successors and assigns, shall have and' hold the right of way
<br />and easement granted herein forever or until said right of \'iay and easement is
<br />released by recordable instrument.
<br />
<br />Notwithstanding the prior provisions hereof, if the Pipeline should ever
<br />interfere with the installation of roads, stt"eets, railroads, utilities, or
<br />other facilities constructed by Grantor 'or its successors and assigns, Grantee
<br />agrees, at its cost, to encase, raise, lower or other\'/ise vertically alter the
<br />Pipeline to accomodate the installation of the t"oads, streets, railroads,
<br />utilities, or other facilities. Provided, however, that nothing contained in
<br />this paragraph shall apply to a relocation of the Pipeline required by any
<br />public authority or political subdivision or preclude or prevent Grantee from
<br />securing reimbursement to wh ich Gl"antee is ,othen-Ii se ent it 1 ed from such pub 1 ic
<br />authority or political subdivision for the cost and expense of relocating the
<br />Pipeline.
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