SW Bell Easement for Telecommunicatons Facilities and Easement for Electric Distribution Facilities

Browse Search

.w ."\ e e said easement, subject to the exceptions stated herein; and, the right to install, maintain, and use gates in fences which cross said easement. (b) The easement granted herein shall be sixteen (16) feet in width, shown as the cross hatched area on surveyors plat, Sketch No. 96-365, prepared by Houston lighting & Power, said plat being attached hereto and incorporated herein as Exhibit .. A" . (c) GRANTOR, its successors and assigns, shall have the right to cultivate and otherwise use the surface and subsurface of the easement herein granted insofar as such use does not interfere with or obstruct the use of the easement by GRANTEE, or its successors and assigns. (d) During the period of installation of telecommunications facilities by GRANTEE within the easement herein granted, GRANTEE shall have the right to use as temporary construction easements so much of the surface of The Property as may be reasonably necessary for GRANTEE'S construction and installation of said telecommunications facilities. Following the initial installation of GRANTEE'S telecommunications facilities, and also after any later operation or occurrence done or caused to be done by GRANTEE which affects The Property or any part thereof, GRANTEE shall promptly restore the grounds and roadways affected thereby to as nearly as practicable the same condition existing prior to such construction operation or occurrence. (e) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. ... (f) The right-of-way and easement granted hereby is subject to all, If any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of~way, restrictive covenants, mineral and royalty grants and res~rvations, or other instruments now of record in the appropriate records of Harris County, Texas, and unrecorded prior easements under which improvements have been constructed in such a manner as to be apparent to the GRANTEE from an inspection of the premises, relating to all or any part of The Property. (g) GRANTOR warrants that they are the owners of the property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, Its successors and assigns, may quietly enjoy the easement for the uses herein stated. 2