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<br />DRAINAGE EASEMENT
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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,
<br />Texas (hereinafter called "Grantor"), for and in consideration of the sum of TEN DOLLARS
<br />($10.00) in hand paid and other good and valuable consideration, the receipt and sufficiency of which
<br />is hereby acknowledged, does hereby grant, bargain, sell, warrant and convey unto UNION
<br />PACIFIC RAILROAD COMPANY, its successors and assigns (hereinafter collectively called
<br />"Grantee"), a perpetual easement to, at any time and from time to time, construct, maintain, alter,
<br />inspect, operate, repair and relocate a drainage swale. Grantee to have the right to select, change or
<br />alter the route during or prior to construction on, over and across a ten (10') strip of land situated on
<br />lands owned by Grantor or in which Grantor has an interest in Harris County, Texas, being more
<br />particularly described on Drawing No. , attached hereto as Exhibit "A" and more
<br />particularly described by metes and bounds on Exhibit "B" attached hereto.
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<br />The right of way and easement herein granted s,hall have a permanent width of ten feet
<br />(10'). In addition, Grantee shall have the right to use such additional space as may be necessary for
<br />the construction, maintenance and repair of the drainage swale along the route of same.
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<br />Grantor further grants and conveys unto Grantee the right of ingress and egress on, over,
<br />across and through said ten foot (10') strip of land for all purposes necessary or incidental to the
<br />exercise of the rights herein granted.
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<br />Grantor reserves the right to use and enjoy said lands ex~ept as may be necessary for the
<br />purposes herein granted, provided Grantor shall not construct or permit to be constructed any
<br />house, structure, reservoir or other obstruction or excavation on, over or within said permanent
<br />right of way and easement and will not change the grade of any drainable swale constructed
<br />hereunder; however, Grantor specifically reserves the right for perpendicular crossings of Grantee's
<br />drainage swale with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and other
<br />utilities or facilities constructed so as to not interfere with Grantee's drainage swale.
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<br />The consideration recited above shall constitute the full consideration for the right of way
<br />and easement herein granted, and for normal construction damag4's. Grantee further agrees to pay
<br />for all damages to growing crops, fences and timber on said land Which may be caused in the future
<br />by the exercise of the rights granted hereunder, provided that after the drainage swale has been
<br />constructed, Grantee shall not be liable for damages caused by keeping the said right of way area
<br />clear of trees, undergrowth, brush and obstructions.
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<br />The terms and provisions hereof shall be binding upon and shall inure to the benefit of the
<br />heirs, personal representatives, successors, and assigns of Grantor and Grantee, and Grantee is
<br />expressly granted the right to assign this right of way and easement, or any part thereof or interest
<br />therein, and the same shall be divisible among two or more parties as to any right or interest created
<br />hereunder.
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<br />This agreement may be executed in counterparts and shall be binding upon each party
<br />executing any counterpart. Each such counterpart so executed shall have the same force and effect
<br />as an original instrument as if all of the parties to the aggregate counterparts had signed in the same
<br />instrument. Signature pages and acknowledgments from separate counterparts may be combined
<br />and attached to one counterpart for recording purposes.
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<br />This agreement is the result of open and extended negotiations between the parties hereto,
<br />each party having contributed toward the drafting hereof, directly end/or by counsel. To the
<br />greatest extent allowed by law, there shall be no application of the rule of construction of documents
<br />against the drafter.
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<br />The acceptance by Grantee of this agreement and its consent thereto are evidenced by its
<br />signature and acknowledgment of this instrument.
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<br />This agreement, as written, covers the entire 'agreement between the parties and no other
<br />representations or agreements, written or oral, have been made modifying, adding to or changing the
<br />terms hereof or inducing the execution hereof and the person obtaining this agreement on behalf of
<br />Granlee has no authority to make any promise, agreement or representation not expressly set forth
<br />herein.
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