05-11-04 PPG/City of LaPorte - Laserfiche WebLink

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... i f/1 UI :~ -', J, oN I ~ 0:1 ~i. , , '" e e 2. Taxes. Grantee shall apply to have the Drainage Easement Area be exempt from taxation under Texas Property Code ~ 23.55. Notwithstanding Grantee's approval or denial of such application, Grantee shall reimburse Grantor for (i) any increase in ad valorem taxes with respect to the real property covered by the. Drainage Easement Area resulting from Grantor's granting Grantee this easement or Grantee's use of the Drainage Easement Area and (ii) any "rollback taxes" or taxes for prior years resulting from a change in ownership or use resulting from Grantor granting this easement or Grantee's use of the Drainage Easement Area. 3. Fencing and Maintenance. Grantee shall, at it sole cost and expense, erect a four (4) strand barbed-wire fence along the North and South property line of the Drainage Easement Area, suitable for fencing livestock and meeting the following requirements of the Texas Commission on Environmental Quality and which will allow Grantor to continue relying on the permit-by-rule codified at 30 TAC ~ 106.262 (previously Standard Exemption 118) in connection with the construction of new and/or modifications of any existing facilities on any of its real property in the vicinity of the Drainage Easement Area: a. The North fence and South fence will adjoin the water intake on the West property line and the water outflow on the East property line, creating a physical barrier to unauthorized entry to the Drainage Easement Area. b. Signs prohibiting unauthorized entry shall be placed at regular intervals along the perimeter of the Drainage Easement Area. These fences shall become the property of Grantor and Grantor agrees to maintain same, at its sole cost and expense, for so long as this Agreement remains in effect. The repair and maintenance of the Drainage Easement Area will be at the sole expense of Grantee and Grantee will maintain Drainage Easement Area in a neat and clean condition. 4. Compliance with Laws. Grantee shall comply with and use the easement and the Drainage Easement Area in accordance and compliance with all local, state and federal laws, statutes, orders, decrees and ordinances, including, but not limited to zoning laws and ordinances, environmental laws, utility laws and health and safety laws. . 5. Intentionally Deleted. 6. Assignment. This Agreement may be assigned to either Harris County or the Harris County Flood Control District. With the exception of those parties, Grantee shall not assign (by Page 2 of 6