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

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:! ..... . e (e) After the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S land or any part thereof, GRAN1'EE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S telecommunications facilities construction and maintenance operations. (f) GRANTOR warrants that it is the owner of the property occupied by the easement granted herein and that it has the right to make this conveyance and receive payment therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the premises for the uses herein stated. In addition, GRANTOR hereby warrants and represents that it has no knowledge of the existence of past or present hazardous/toxic waste contamination conditions applicable to either the easement area or GRANTOR's property described herein. TO HAVE AND TO HOLD the herein described easement, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this k day of f1et,1~ / ~ 1996. CITY OF IA PORl'E By: ~~ -r: ~ ROBERI' T. HERRERA City Manager J I COUNTY OF HARRIS i BEFORE ME, the undersigned authority, 9n this day personally appeared ROBERI' T. HERRERA. Ci1;y Manager of, the CITY OF IA PORTE , known to me to be the person whose name is subscribed to the! foregoing instrument, and who acknowledged to me that he executed the same for the purposes and I consideration therein expressed, in the capacity therein stated, and as the act and deed of said City GIVEN UNDER MY HAND AND SEAL OF OFFICE this .J& ~ day of-::DU ~be,1- 1996, -' My Commission Expires: ~~~~ Notary ublic in a for the Stat of Texas 'f4-.- lJ g- /1- 97 (Printed Name of Notary) 8~~~~~~~~~~~~~ 8 ,;i!~i :~~, CAROL BUTTLER I I:' :'*"" ", NOTAAV PUBUC 8 '.' '.' : " : .. STATE OF TEXAS "~r':~"~~,, COMMISSION EXPIRES 0&-11'971 1>.:aIXIQOOQDo:IOOOOOOoooooo~co""Oo)ooOQ 199)FO~H\SAI/H80,SWB JAH, un . I - 2 -