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<br />Corridor 510
<br />
<br />PEDESTRIAN/BIKE TRAIL RIGHT OF WAY AND E~~4"
<br />
<br />THE STATE OF TEXAS
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<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />COUNTY OF HARRIS
<br />
<br />201.390404039
<br />09/03/2009 RP3 f~O.oO
<br />That, for and in consideration ofthe sum ofTEN DOLLARS ($10.00) and other good and
<br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
<br />EXXONMOBIL PIPELINE COMPANY, a Delaware corporation, (hereinafter referred to as
<br />"Grantor"), does hereby grant unto the CITY OF LA PORTE, a municipal corporation of Harris
<br />County (hereinafter referred to as "Grantee"), its successors and assigns, a non-exclusive right of
<br />way and easement across Grantor's Bayport Corridor "510" (hereinafter referred to as
<br />"Corridor"), to construct, maintain, inspect, repair and remove a concrete pedestrianlbike trail
<br />and its appurtenances, said right of way and easement being more particularly identified and
<br />described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, the width of
<br />which easement shall not exceed the width often feet (10'), together with the right of ingress and
<br />egress to and from said trail along said easement (or other route approved in advance by Grantor)
<br />for the purposes herein granted, subject to the provisions hereof.
<br />
<br />Grantor hereby reserves for itself, its successors and assigns, the right to use the Corridor
<br />for any purpose and in any manner, including, but not limited to, the right to construct or to
<br />permit others to construct other pipelines alongside of and adjacent to Grantee's trail, the right to
<br />cross or to permit others to cross under or over Grantee's trail with pipelines, roads, streets,
<br />railroads, water lines, sewer lines, and other utilities or facilities so long as such use does not
<br />unreasonably interfere with the rights of Grantee hereunder.
<br />
<br />Grantee agrees that its right of ingress and egress for all purposes including the
<br />construction, maintenance, operation, repair, replacement, protection and removal of said trail
<br />shall be limited to public roadways intersecting said right of way and such parts of Grantor's land
<br />adjacent to said right of way as are reasonably necessary for such purposes, provided that the land
<br />is not occupied by substantial improvements.
<br />
<br />The easement and rights hereby granted are non-exclusive, are subject to all other
<br />easements, exceptions, reservations, rights, and encumbrances either of record or evidenced
<br />physically on Grantor's premises, and are granted without any warranty of title, express or
<br />implied, by Grantor.
<br />
<br />INDEMNITY: GRANTEE HEREBY ASSUMES ALL LIABILITY FOR AND
<br />AGREES TO PAY FOR ALL DAMAGES, INCLUDING ENVIRONMENTAL DAMAGES,
<br />TO ALL PROPERTY OF ANY NATURE AND KIND, AND ALL LOSSES RESULTING
<br />FROM SUCH INJURIES AND DAMAGES ARISING OUT OF THE CONSTRUCTION,
<br />OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT, REMOVAL,
<br />EXISTENCE, AND USE OF SAID PEDESTRIANIBIKE TRAIL, AND AGREES TO
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