|
<br />'i I
<br />
<br />,L
<br />
<br />M812895 .
<br />
<br />.
<br />J 87:-74': 0094'
<br />
<br />'v
<br />\
<br />
<br />",'
<br />
<br />f It..--:;'
<br />\. C THE STATE OF TEXAS
<br />
<br />COUNTY OF HARRIS
<br />
<br />PIPELINE RIGHT OF WAY AND EASEMENT
<br />
<br />x
<br />X
<br />X
<br />
<br />09/10/90 00111029 M812895 $ 11.00
<br />KNOW ALL MEN BY THESE PRESENTS:
<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 V~
<br />the CITY OF LA PORTE, a municipal corporation, hereinafter referred to as I J
<br />"Grantee," its successors and assigns, a nonexclusive right of way and t .
<br />easement to construct,_maintain, operate, repair, replace, and remove one
<br />( 1 ) PVC pipeline, not to exceed twel ve ( 12) inches in diameter, for the
<br />transportation of water, said right of way and easement being more
<br />particularly identified and described in Exhibit "A," attached hereto and
<br />made a part hereof, together with the right of ingress and egress to and
<br />from said pipeline along said easement (or other route approved in advance
<br />by Grantor) for the purposes herein granted, subject to the provisions
<br />hereof.
<br />
<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 />) {
<br />
<br />I
<br />
<br />U
<br />
<br />Grantee agrees that its right of ingress and egress is limited to
<br />the right of way and to existing public roadways intersecting said right of
<br />way and that, for purposes of initial construction and subsequent repair of
<br />its pipeline, Grantee may use as working space such pa~t~_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 buried at a minimum depth of four (4) feet and a
<br />maximum depth of six (6) feet below the surface of the natural ground and
<br />shall be designed, constructed, tested, and operated in accordance with
<br />applicable safety rules and regulations published by federal and/or state
<br />regulatory agencies having jurisdiction. If no such government safety rules
<br />apply, then applicable industry standards and practices shall be complied
<br />with. Grantee further agrees to construct the proposed PVC pipeline inside
<br />a protective steel encasement, said encasement to extend continuously the
<br />length of the PVC pipeline across Grantor's property and ten (10) feet
<br />either side of Grantor's property line.
<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 Gran tor'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 transportation of such product,
<br />material, or substance.
<br />
<br />The easement and rights hereby- granted are -'-nonexclusive, are
<br />subject to all other easements, 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 />
<br />Return to: City of La Porte
<br />Attn: Cherie Black
<br />P.O. Box 1115
<br />La Porte, TX 77572-1115
<br />
<br />Fl LED FOR RECORD
<br />8:30 A.M.
<br />
<br />SEP 10 1990
<br />
<br />~~
<br />County Clerk, Harris County, Telt8S
<br />
|