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<br />DRAINAGE EASEMENT
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<br />~ ~ 19Oal~781' S8&1&14 ---'2hOY
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<br />~ KNOW ALL MEN BY THESE PRESENTS:
<br />COUNTY OF HARRIS ~ ~
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<br />5074520 GlfIW -~..;. -. ..e:-....
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<br />1. That SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
<br />Delaware corporation (hereinafter termed "Granto(' or "Railroad") for and iVd .
<br />consideration of the sum of TEN DOLLARS AND NO/100 ($10.00) and other good
<br />and valuable consideration to Grantor in hand paid by the CITY OF LA PORTE, a
<br />municipal corporation (hereinafter sometimes referred to as "Grantee" or'''City''), tho
<br />receipt and sufficiency of which is hereby acknowledged, have granted, sold and
<br />conveyed and by these presents do grant, sell and convey unto the, pubJic, a
<br />perpetual easement and right of way for drainage and flood control purposes, together:
<br />with the right to construct, reconstruct, maintain and operate a drainage course. in,
<br />upon, along, across and beneath property, such easement, right of way arid prop'arty
<br />being more particularly described as follows, to wit:
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<br />A tract of land more particularly being described on Exhibit F attached
<br />hereto, incorporated by reference herein, and made a part hereof for all
<br />purposes.
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<br />2. This easement shall be used by Grantee only for the purposes stated in
<br />this instrument. Railroad, its successors and assigns, retain all other rights of use
<br />over the easement area, including but not limited to the right to use all the property
<br />described herein in the performance of its duty as a common carrier and, for that
<br />purpose, there is reserved unto Railroad, its successors and assigns, the right
<br />(consistent with the rights herein granted) to construct, reconstruct, maintain and use
<br />existing and future railroad tracks, facilities and appurtenances, and existing and
<br />future transportation, communication and pipeline facilities, and appurtenances in,
<br />upon, over, under, across and along said property, provided that Railroad, in
<br />exercising the rights retained herein, does not diminish the water carrying capacity of
<br />the drainage course to be constructed by Grantee, Grantee's successors or assigns,
<br />upon and within the easement herein conveyed.
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<br />3. If Railroad decides to expand the facility known as Strang Yard or
<br />otherwise develop the property adjacent to the easement areas, and if such expansion
<br />or other development is to cross over the easement granted herein, then Railroad
<br />shall, at Railroad's expense, cause to be constructed culverts within the easement
<br />area and under the tracks to be constructed by Railroad as part of the expansion or
<br />other development of Strang Yard. Culverts, as used herein, shall be defined as
<br />culverts or other structures to be utilized for the carrying of storm water within the
<br />easement granted herein. Such structures shall not include any bridge or other
<br />structure designed to move rail traffic over the easement granted to the public herein.
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<br />O:\CLP\Southem Paciflc\Drainage Easement (Exh. F)
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