Coastal Water Authority-grantor of pedestrian and bicycle easement

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I ~, \r! ~o ~tl lfI1 i I!'!J ~Iitf- ~:I I I I~~ \\'11 1111$1 \,.J utilized by Grantor and certain owners of Prior Interests, that pipelines, water lines and related facilities are located within the Easement Tract (the "Existing Facilities") and that Grantor and the owners of the Prior Interests are entitled to install additional facilities and improvements over, under and across the Easement Tract including, without limitation, roadways, driveways, pipelines, water lines, sanitary sewer lines, utilities, landscaping or fencing (the "Future Facilities"). Grantor disclaims and makes no representations or warranties, expressed or implied, regarding the Prior Interests, the Existing Facilities or Future Facilities or the impact of the same on the Easement and Easement Tract. Grantee assumes all risks regarding the Prior Interests, the Existing Facilities and Future Facilities and hereby waives, disclaims and releases any and all claims against Grantor regarding the Prior Interests, the Existing Facilities and Future Facilities, whether such claims are now known or unknown and regardless of how or when the same may arise. In the event that any owner of Prior Interests, Grantor or Grantee determines that the grant of this Easement and/or the Permitted Use conflicts with any use allowed by or is precluded pursuant to any document creating the Prior Interests (the "Prior Interests Conflict"), Grantee agrees to remove all of Grantee's equipment, improvements and facilities located or installed on the Easement Tract ("Grantee's Facilities") and to execute and deliver a release or termination of this Easement to Grantor for recording in the Official Public Records of Harris County, Texas within thirty (30) days of Grantee's receipt of written notice from any owner of Prior Interests or Grantor to do the same. ,~ IV' 1"'1 (C) Grantor reserves for itself and its successors and assigns the right to use the surface and subsurface of the Easement Tract for any and all purposes described in the Coastal Deed and for all other purposes not inconsistent with Grantee's use of the Easement Tract and the right to grant to third parties the right to use the surface and subsurface of the Easement Tract for any and all purposes not inconsistent with Grantee's use of the Easement Tract. Grantor's right to use the Easement Tract shall include, without limitation, the right to: (i) maintain Existing Facilities located within the Easement Tract and to install, place and maintain Future Facilities on the surface or subsurface of the Easement Tract; (ii) extract minerals from the subsurface of the Easement Tract; and (iii) cross over the Easement Tract by foot or with wheel and track vehicles which may have the net effect of producing a surface loading up to, but not exceeding that which is equivalent to standard H-20 loading as defined by the American Association of State Highway and Transportation Officials (the "Surface Load Capacity") for the maintenance of Grantor's property located outside of the boundaries of the Easement Tract ("Grantor's Adjacent Tracts"), for the maintenance and/or installation of Existing Facilities or Future Facilities or to exercise any other reserved rights of Grantor. Grantee hereby waives, disclaims and releases any and all claims against Grantor for any and all losses incurred for damages to the Grantee's Facilities resulting from Grantor crossing the Easement Tract with wheel and track vehicles which do not exceed the Surface Load Capacity. Nothing contained herein shall restrict the right of Grantor to use the Easement Tract for ingress and egress to Grantor's Adjacent Tracts. Grantor further reserves the right to require Grantee, at Grantee's expense, to relocate the Grantee's Facilities to another location on Grantor's Adjacent Tracts to be designated by Grantor. In the event of damage to or removal of any of the Grantee's Facilities as a result of required maintenance to, or leakage or catastrophic failure of Grantor's Existing Facilities or Future Facilities (singularly or collectively, a "Repair Event"), Grantee shall be responsible for all costs of construction, repair and/or replacement of the Grantee's Facilities damaged or removed as a result of the Repair Event regardless of the cause of the Repair Event. Grantee waives any claim or cause of action against Grantor for damages to or for 4136I3v.4