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20150329299
<br /> 07/24/2015 ER $32.00
<br /> CORREC
<br /> CORRECTED DEDICATION OF FLOOD CONTROL AND DRAINAGE EASEMENT
<br /> THE STATE OF TEXAS §
<br /> § KNOW ALL MEN BY THESE PRESENTS:
<br /> COUNTY OF HARRIS §
<br /> That CITY OF LA PORTE, hereinafter called "Dedicator," has dedicated and by these presents 1EE
<br /> does dedicate to the public forever, an easement for flood control and drainage purposes, over, TO THE
<br /> upon and across that certain 0.372 acre tract of land situated in the ENOCH BRINSON PUBLIC
<br /> LEAGUE Survey, Abstract No. 5, Harris County, Texas, being more particularly described un n by
<br /> metes and bounds in Exhibit A & Bv n attached hereto, hereinafter called the Easement Area."
<br /> This is a corrected easement deed that replaces, in its entirety, deed 20150219421.
<br /> The flood control and drainage purposes shall include, but not limited to, all manner and form of
<br /> waterways, ditches, sidewalks, walkways and boardwalks, all manner and form of jogging,
<br /> nature, exercise, and bridle paths or courses, together with all related signage, all manner and
<br /> form of exercise stations, instructional displays, fountains, outdoor lighting facilities, fences, and
<br /> gates across, over, under and upon the entirety of the Easement Area, and such other purposes
<br /> and objects as a public entity with jurisdiction over flood related matters shall lawfully be
<br /> authorized to perform, or engage in, and shall include, by way of description only and not by
<br /> way of limitation, the right: 1) to construct, operate and maintain channel improvement works on
<br /> over, along, and across the Easement Area; 2) to widen, straighten, rectify, clear, excavate, de-
<br /> silt, level, service, repair, deepen, upgrade, and improve waterways, floodways, drainage
<br /> ccanals, ditches, laterals, levees, sluices, conduits, and/or detention ponds or basins thereon; 3)
<br /> to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, vegetation,
<br /> N buildings, improvements and/or other obstructions (whether manmade or natural) therefrom; 4)
<br /> C) to excavate, dredge, cut away, trench, dig and remove any of the land constituting the
<br /> N Easement Area and to dispose of or use on or off the Easement Area the dirt, soil, shell, stone,
<br /> I` gravel, sand or other overburden, trees, grass, shrubbery, vegetation, spoil and any other
<br /> CD material from the Easement Area as Grantee in its sole discretion shall determine without
<br /> ry additional compensation being paid to Dedicator; 5) to place on the Easement Area dirt, soil,
<br /> W riprap, dredge or spoil material; 6) to engage in any and all forms of silt removal; 7) to install
<br /> and maintain upon the Easement Area all manner of bulkheads, bulwarks, stabilized
<br /> embankments, spoil banks, roads, crossings, bridges, culverts, gated structures (whether
<br /> permanent or temporary) and to remove the same; 8) to bring and keep upon the Easement
<br /> Area all machinery, equipment, building materials and personnel reasonably necessary to
<br /> efficiently prosecute such work and; 9) to develop, construct, operate and repair, replace,
<br /> modify, improve and maintain thereon recreational and environmental facilities and
<br /> Improvements as authorized by the Texas Water Code §§ 49.461, 49.462, 49.463, 49.464,
<br /> 49,465, as amended, and exercise all powers provided for therein; to use the Easement Area as
<br /> a "Mitigation bank" as that term is used in the Texas Natural Resources Code Ann. §§ 221.001-
<br /> 221.040, as amended, and to do thereon all manner of things provided for or otherwise
<br /> permitted under the terms of that statute, and to do any and all things and to conduct any and all
<br /> activities for the purpose of, or otherwise incidental to, flood control and drainage, and the
<br /> development of the parks and recreational facilities, together with the rights of ingress and
<br /> egress over, along, and across the Easement Area.
<br /> Access to the Easement Area and use for construction, operation, maintenance and all
<br /> purposes stated herein shall remain free and uninterrupted. Dedicator shall not, and shall not
<br /> allow third parties, temporarily or permanently to place, construct, or install fences, buildings,
<br /> other structures or facilities, plantings or vegetation of any kind, or any other obstruction in, on,
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