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<br />SOUTHWBSTBRN BBLL TBLEPHONE COMPANY
<br />BASEMENT FOR TBLBCOHHDNICATIONS FACILITIBS
<br />
<br />THE STATE OF TEXAS S
<br />S
<br />COUNTY OF HARRIS S
<br />
<br />KNOW ALL PERSONS BY THESE PRESENTS:
<br />
<br />THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, herein
<br />referred to as GRANTOR (whether one or more), and SOUTHWESTERN BELL TELEPHONE
<br />COMPANY, 939 W. Green,s Rood, Suite 215, Houston, Texas 77067, hereinafter
<br />referred to as GRANTEE, wherein GRANTOR, in consideration of the sum of TEN AND
<br />NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of
<br />which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL,
<br />CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and
<br />their respective successors and assigns, a permanent easement for the purposes
<br />hereinafter set forth, upon, across, over, above, and under a tract of land
<br />described in Exhibit "A" and shown on Exhibit "B", said exhibits attached
<br />'hereto and incorporated herein by reference for all purposes. The easement
<br />granted herein occupies part of GRANTOR I S property located in Harris County,
<br />Texas described as follows:
<br />
<br />Being ~hat certain tract or parcel of land known as Lots 5 and 6,
<br />Block 177 of the Town of La ~orte, as recorded by map in Volume
<br />855, Page 383 of the Deed Records of Harris County, Texas, and
<br />being that same tract conveyed to the City of La Porte by deed
<br />recorded in Volume 2080, Page 149 of the Deed Records of Harris
<br />County, Texas.
<br />
<br />It is distinctly understood that this agreement does not constitute a
<br />conveyance of the land above described, nor of the minerals therein and
<br />thereunde:t', but grants only a right-of-way and easement subject to the
<br />following:
<br />
<br />(a) GRANTEE hereby agrees to save and hold harmless the GRANTOR
<br />from and against any and all claims, demands, or causes of action of whatever
<br />nature, asserted by others which are caused by or arise in any manner out of
<br />acts or omissions of GRANTEE in the use and occupancy of the easement herein
<br />granted, by GRANTEE, its employees, or any other persons acting under its
<br />control.
<br />
<br />(b) The right~of-way and easement granted hereby is subject to
<br />all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or
<br />leases, unitization agreements, deeds, easements, rights-of-way, restrictive
<br />covenants, mineral and royalty grants ~nd reservations, or other instruments
<br />now of record in the appropriate records of Harris County, Texas, and
<br />unrecorded prior easements under which improvements have been constructed in
<br />such a manner as to be apparent to the GRANTEE from an inspection of the
<br />prelnises, relating to all or any part of the herein described property.
<br />
<br />(c) This easement is granted for the specific purposes of
<br />permitting GRANTEE to construct, operate, place, maintain, lay, inspect,
<br />protect, repair, alter, substitute, relocate, replace, and remove such above
<br />ground and underground telecommunications facilities, cables, circuits, lines,
<br />and conduits; cabinets/structures housing said telecommunications facilities;
<br />and, associated above ground and underground appurtenances thereto as
<br />GRANTEE, may from time to ti,me require upon, across, over, above, and under
<br />said easement; the right of ingress to and egress from the easement utilizing
<br />the surface of the easement only; the right to clear and keep cleared trees,
<br />brush, and all other obstructions from the surface and s~bsurface of the
<br />easement, subject to the exception noted in paragraph (d) herein; the right to
<br />remove and relocate fences which cross the easement; and, the right to fence
<br />the easement.
<br />
<br />(d) GRANTOR, its successors and ~ssigns, shall have the right to
<br />use the surface and subsurface of the easement herein granted insofar as such
<br />use does not interfere with or obstruct the use of the easement by GRANTEE, or
<br />its successors and assigns.
<br />
<br />1991VORH\SAI/H80,SNB
<br />
<br />JAN. 1991
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