from 65 La Porte, Ltd-pedestrian sidewalk easement

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,,( i)/ \ V !:o i~\ ."" I~' l;l!.if il'~ 'r~ l\.~. ,,"I , I I "l ;\ ~ 'H! .1"11 ;',fftr ~\ ~ 201001;;34463 04/07/2010 RP2 $32.00 PEDESTRIAN SIDEWALK EASEMENT STATB OP TEXAS I I I XROW ALL ..& BY THBSB PRBSBRTS COORTY OP HARRiS WHEREAS, 65 LA PORTE LTD., a Texas limited partnership, 2398 Baycrest Drive, Houston, Texas 77058 (hereinafter called "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) in hand paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does/'un j hereby grant, bargain, sell, warrant and convey unto the CITY OF LA ~ PORTE, a municipal corporation, 604 West Fairmont Parkway, La Porte, Texas 77571 (hereinafter called "Grantee"), a perpetual easement to, at any time and from time to time, construct, maintain, inspect, repair and replace a pedestrian sidewalk and its appurtenances. The herein easement shall have an overall permanent width of eight ten (10'). Grantee may use an additional temporary construction space ten feet (10') in width adjacent to the permanent easement of the landowner's adjacent land as needed, for construction purposes, with this right of use of temporary construction space terminating upon completion of the initial construction. This easement is dedicated solely and exclusively for the location of a pedestrian sidewalk easement, and shall not be available to other public utilities holding franchises from the City of La Porte. This pedestrian sidewalk easement shall not be a part of any future subdivision platting, and shall remain free and clear of any liens or encumbrances. This easement is described as follows, to-wit: That certain ten foot (10') wide tract of land, adjacent to the north right-of-way line of McCabe Road in the City of La Porte, as more particularly described by metes and bounds on Exhibit "A" attached hereto and incorporated by reference herein for all purposes, and as more particularly described on a plat attached hereto as Exhibit "B" and incorporated by reference herein for all purposes. The Grantor further grants and conveys to the Grantee the right of ingress/egress on and through the ten foot (10') strip of land for all purposes necessary or incidental to exercise the rights herein granted. The ten foot (10') easement shall be reserved exclusively for the location of a pedestrian sidewalk and appurtenances. The Grantee shall not increase sidewalk width without prior written consent from the Grantor, its successors and assigns. Grantor reserves the right to use and enjoy said lands except as may be necessary for purposes herein granted, provided Grantor shall not construct or permit to be constructed any structure, reservoir or any other obstruction or excavation on, over or within said permanent easement. However, Grantor specifically reserves the right of perpendicular crossings of Grantee's easement with roads, streets, driveways, water lines, sanitary sewer lines and other utilities or facilities and to be constructed as not to interfere with Grantee's pedestrian sidewalk.