Southwestern Bell Telephone Company Easement for Underground Telecommunications Facilities

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e e (g) GRANTOR warrants that they are the owner 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. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to the easement or GRANTOR's Property described herein, including but not limited to "hazardous substances" or ''toxic substances" as defmed ,by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended and any contamination ,contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be soley liable thereof. . , GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after' the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. day of , 2000. SIGNED AND EXECUTED this CITY OF LA PORTE By: Name: Title: 3 Job No, LP2.D06.00-212121 - 3 -