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<br />, or r 3~42-3q47
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<br />(d) During tJllteriod of installation of tele~unications facilities
<br />by GRANTEE within the easement herein granted, GRANTEE shall have the right to
<br />v~e as temporary construction easements so much of the surface of The Property
<br />as;may be reasonably necessary for GRANTEE'S construction and installation of
<br />",", said telecommunications facilities. Following the initial installation of
<br />~ GRANTEE's te1ecommunic&tions facilities, and also after any later operation or
<br />occurrence done or caused to be done by GRANTEE which affects The Property or
<br />any part thereof, GRANTEE shall promptly restore the grounds and roadways
<br />affected thereby to as nearly as practicable the same condition existing prior
<br />to such construction operation or occurrence.
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<br />(e) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
<br />against any and all claims, demands, or causes of action of whatever nature,
<br />asserted by others which are caused by or arise in any manner out of acts or
<br />omissions of GRANTEE in the use and occupancy of the easement herein granted,
<br />by GRANTEE, its employees, or any other persons acting under its control.
<br />
<br />(f) The right-of-way and easement granted hereby is subject to all, if
<br />any, valid aIid subsisting oil, gas., sulphur, and mineral lease or leases,
<br />unitization agreements, deeds, easements, rights-of-way, restrictive covenants,
<br />mineral and royalty grants and reservations, or other instruments now of record
<br />in the appropriate records of Harris County, Texas, and unrecorded prior
<br />easements under which improvements have been constructed in such a manner as to
<br />be apparent to the GRANTEE from an inspection of the premises, relating to all
<br />or any part of the herein described property.
<br />
<br />(g) GRANTOR warrants that it is the owner of the property occupied by the
<br />easement herein granted and that it has the right to make this conveyance and
<br />receive payment therefor. GRANTOR covenants that GRANTEE, its successors and
<br />assigns, may quietly enjoy the premises for the uses herein stated. In
<br />addition, GRANTOR hereby warrants and rep+e~~nts that 'it'has'no krtowledge of the
<br />existence of past or present hazardo~~/iC?XlC waste contamination conditions
<br />applicable to either the easement area' or G~TOR's preperty described herein.
<br />.
<br />
<br />. I. .
<br />TO HAVE AND TO HOLD the herein de-sc:i-i'b:ed easement, together with all and
<br />singular the rights and appurtenances thereto belong:i:pg,: ~nto GRANTEE, its
<br />successors and assigns, forever, and G~T.PR dqei'nereby'bind itse1(, ~nd its
<br />successors and assigns, to warrant aric;1 :6:<;)~ever' 'de;fen:q. 'a~;l' '~nd :singUl,ar the
<br />easement unto GRANTEE and its successoi,s',8;:h~i ~sstgns1' agai,ns:t everY'd person
<br />whomsoever Tawfullj cla.finfilg" or to' c1a-i.m ,;tne"same;, ~-q;r any part thereof. -
<br />to i "........ ... '
<br />
<br />SIGNED AND EXECUTED this ;l/tf.dAy~,~~.;i~l:f:' .r.... 1992.
<br />ATTEST: CITY OF LAPORTE
<br />f!iuj~-, iIuL
<br />
<br />,
<br />
<br />BY:
<br />
<br />~~
<br />
<br />!Jv'
<br />~
<br />
<br />BY:
<br />
<br />T.
<br />
<br />NAME: Cherie Black
<br />
<br />NAME: Robert T. Herrera
<br />
<br />TITLE: City Secreta~y
<br />
<br />TITLE: City Manager
<br />
<br />THE STATE OF TEXAS
<br />
<br />COUNTY OF HARRI S
<br />
<br />BEFORE ME, the undersigned authority, on this day personally appeared
<br />Robert T. Herrera, City Manager of the City of LaPorte, a Texas Municipal
<br />Corporation, known to me to be the person whose name is subscribed to the
<br />foregoing instrument, and who acknowledged to me that he executed the same for
<br />the purposes and consideration therein expressed, in the capacity therein
<br />._.-.='~-'"- 'stated,Ks"an-""actr--and-d-e-ed of......gaM ci1:-y. -. ..' -
<br />
<br />GIVEN UNDER MYHAND AND-SEAL-0F-0PPf-6-E-t;h:i:-s--<'-'2 ~ day-of ~....:f::;-,
<br />1992.
<br />
<br />My Commission Expires: 3-1-~.3
<br />
<br />~..,~
<br />~"..!.. ~,
<br />.l~;\ MARLENE SCHONAUER
<br />, \" Pf( t j Notazy PublIc, Stale of T_
<br />'';;-N"i:! My Commission expires 3I1/t3.
<br />
<br />l1YJ~~
<br />
<br />Notary Public in and for the
<br />State of Texas
<br />
<br />-:-:., ':u: _ 'L
<br />
<br />_. :1: i: -( J. ",.i
<br />: '
<br />
<br />IhA~Le)Je
<br />(Printed Name of Notary)
<br />
<br />Return to; City of La Porte
<br />Attn; Cherie B1a~k
<br />P.o. Box 1115
<br />La Porte, TX 77572-1115
<br />
<br />.s c /-1 () AJti~ Ie
<br />
<br />EASEIIEIIT\31.38. S1lB
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