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<br />RIW#:
<br />Draft No.:
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<br />TCM-on.OO & MDT-36.20
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<br />RIGHT OF WAY GRANT
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<br />STATE OF TEXAS ~
<br />COUNTY OF HARRIS ~
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<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
<br />called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 1 0.00 ) in hand
<br />paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
<br />hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
<br />corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
<br />any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
<br />remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
<br />marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
<br />of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
<br />transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
<br />construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
<br />has an interest in Harris County, Texas, described as follows:
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<br />18.378 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
<br />Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
<br />Warranty Deed, dated -May 15, 1987, from WILLIAM E. STILES, TRUSTEE to the CITY OF LA
<br />PORTE, a municipal corporation, recorded under Film Code No. 128-96-0926, et seq. of the Official
<br />Public Records of Real Property. of Harris County, Texas, to which instrument reference is hereby
<br />made for all purposes.
<br />
<br />and
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<br />8.072 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
<br />Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
<br />Warranty Deed, dated December 3, 1986, from BEN J. FORTSON, TRUSTEE to the CITY OF LA
<br />PORTE, a municipal corporation, recorded under Film Code No. 066-75-2158, et seq. of the Official
<br />Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
<br />made for all purposes.
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<br />The right of way and easement herein granted shall have a permanent width of twenty feet (20'), as shown on
<br />Exhibit "A", and as more particularly described by metes and bounds on Exhibit "B", both attached hereto and made
<br />a part hereof. In addition, Grantee shall have the right to use such additional space as may be necessary for the
<br />construction, maintenance and repair of the Pipeline along the route of same. Grantee agrees, at the time of
<br />construction, to bury said Pipeline (except for fittings, corrosion control equipment, marker signs, vent posts and
<br />other apparatus) to a depth of at least forty-eight (48) inches.
<br />
<br />Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
<br />said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
<br />granted.
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<br />Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
<br />granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
<br />obstruction or excavation on, over or within said permanent right of way and easemen.t and will not change the
<br />grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
<br />crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
<br />other utilities or facilities.
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<br />The consideration recited above, shall constitute the full consideration for the right of way and easement herein
<br />granted, and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
<br />fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
<br />provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
<br />the said right of way area clear of trees, undergrowth, brush and obstructions.
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<br />Any payment provided for hereunder may be made by check or draft, either directly or by mail to Grantor, or to
<br />, who is hereby appointed agent and authorized to receive
<br />and receipt for such payment. If mailed, such payment shall be considered made as of the date of mailing thereof to
<br />Grantor or to said agent. (No change in the ownership of the land affected by this Grant shall affect payment
<br />hereunder until thirty (30) days after Grantee shall have received a copy of a recorded instrument evidencing such
<br />change). If two or more persons are entitled to receive any payment hereunder, proportionate part of such payment
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