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TR.No. TX-HR-MSR-290.00
<br /> TX-HR-MSR-292.00
<br /> PIPELINE RIGHT-OF-WAY AND EASEMENT
<br /> THE STATE OF TEXAS §
<br /> COUNTY OF §
<br /> This Pipeline Right-of-Way and Easement ("Agreement") is between City of LaPorte, a
<br /> Municipal Corporation with an office and place of business in La Porte, Texas, whose mailing
<br /> address is 604 W. Fairmont Parkway, La Porte, Texas, 77571 ("Grantor") and Dow
<br /> Hydrocarbons and Resources LLC, a Delaware Limited Liability Company("Dow"), with an
<br /> office and place of business in Houston, Texas, with a mailing address of P. O. Box 4286,
<br /> Houston, Texas 77210-4286("Grantee").
<br /> Terms and Conditions
<br /> 1. Purpose. For$10.00 and other good and valuable consideration,the sufficiency of which is
<br /> acknowledged, Grantor grants, sells and conveys, with all lawful warranties and with
<br /> substitution and subrogation to all rights and actions of warranty against all preceding owners
<br /> and vendors, unto Dow, subject to the terms, provisions, restrictions and reservations
<br /> provided in this Agreement, an underground pipeline right-of-way and easement
<br /> ('`Easement") for the purpose of surveying, clearing, constructing, installing, operating,
<br /> maintaining,testing,inspecting,repairing,removing,substituting,replacing,and abandoning
<br /> in place a pipeline together with all necessary or desired above or below ground devices,
<br /> equipment, and appurtenances, including cathodic protection systems, (the devices,
<br /> equipment, and appurtenances together with the pipeline referred to as "Facilities") to be
<br /> used for the transporting of oil, gas, liquids, or other substances transportable by pipeline
<br /> ("Products")on,over,through and across those certain tract(s)or parcel(s)of land described
<br /> by metes and bounds and as described on plats in Exhibits A and B ("Land") which are
<br /> attached and made a part of this Agreement. This Easement is granted to Dow,its successors
<br /> and assigns expressly subject to all existing Grantor facilities,whether over, under,through
<br /> or across this Easement; and all prior matters of record in the county or counties where the
<br /> Easement is located. This Easement is made and accepted subject to an existing right-of-way
<br /> easement to CenterPoint Energy Corporation.
<br /> 2. Term. This Easement is perpetual and will be effective on_J:,acs("Effective
<br /> Date").
<br /> 3. Easement's Width. During the Facilities' initial construction and installation,the Easement
<br /> will be 30 feet in width, with the Easement's centerline located along the centerline route
<br /> described in Exhibit A and Exhibit B ("Centerline"), and will include any temporary work
<br /> space identified in Exhibit A and Exhibit B. After the Facilities' initial construction and
<br /> installation has been completed, the Easement will remain 30 feet in width, with the
<br /> pipeline's centerline as laid being the Easement's centerline, plus any additional temporary
<br /> work space as provided in Section 9 below.
<br /> 4. Pipeline Depth. Dow's pipeline must be buried at a depth determined in accordance with all
<br /> applicable governmental requirements and specifications, including without limitation,those
<br /> imposed by the Texas Railroad Commission and the U.S.Department of Transportation.
<br /> 5. Termination. Dow may terminate this Easement,by sending a written notice to the Grantor.
<br /> Upon the Easement's termination, Dow may, at its sole option, abandon the underground
<br /> Facilities,but Dow must remove the Products and all of its above ground Facilities including
<br /> fences and markers from the Land and restore the Easement's surface area as close as
<br /> reasonably practicable to its condition as of the Effective Date.
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