|
Grantee has, together with the Easement and for the consideration set forth herein, the right of
<br /> ingress and egress upon,over and across the twenty-five(25)feet on either side of the Easement Property
<br /> for the purpose of constructing, installing, improving,operating,using, inspecting, repairing,maintaining,
<br /> reconstructing, replacing, relocating, and removing such utilities and all appurtenances, facilities,
<br /> equipment and attachments thereto; the right to prevent possible interference with the operation of said
<br /> utilities and to remove possible hazards thereto; and the right to prevent the construction within the
<br /> Easement Property of any building,structure or other obstruction or encroachment which may endanger or
<br /> interfere with the efficiency, safety and convenient operation of said utilities and the appurtenances,
<br /> facilities,equipment and attachments thereto.
<br /> Grantor agrees,for the consideration set forth herein,not to construct or place within the Easement
<br /> Property, any buildings, structures, or other improvements of any nature whatsoever, or any shrubs,trees
<br /> or other growth of any kind,or otherwise interfere with the Easement,without the prior written consent of
<br /> Grantee. Grantee shall have the right to remove,and keep removed,all or parts of any building,structure,
<br /> or other improvement, or any shrub, tree, or other growth, of any character that is located within the
<br /> Easement Property which, in the judgment of Grantee, may endanger or in any way interfere with the
<br /> construction,efficiency,or convenient and safe operation and maintenance of the facilities described herein
<br /> or the exercise of Grantee's rights hereunder.
<br /> The Grantor covenants that Grantor is the owner of the above-described property and that the
<br /> consideration recited herein shall constitute full and final payment for the Easement and for all damages
<br /> sustained by Grantors by reason of the installation of the structures referred to herein. This agreement
<br /> together with other provisions of this grant shall constitute a covenant running with the land for the benefit
<br /> of the Grantee,its successors,and assigns.
<br /> The Easement and the rights and privileges herein granted are and shall be perpetual,irrevocable,
<br /> and exclusive to Grantee, its successors and assigns.After notice to Grantor,Grantee may assign,transfer,
<br /> or otherwise convey this Easement in whole or in part.This Easement shall be construed under the laws of
<br /> the State of Texas,without regard to its choice-of-law rules of any jurisdiction;venue is in Harris County.
<br /> TO HAVE AND TO HOLD the Easement herein granted,together with all and singular the rights,
<br /> privileges, and appurtenances thereto in anywise belonging, unto Grantee and Grantee's successors and
<br /> assigns forever. Grantor does hereby bind Grantor and Grantor's heirs, successors and assigns to
<br /> WARRANT AND FOREVER DEFEND the Easement,or any part thereof, herein granted to Grantee and
<br /> Grantee's successors and assigns against every person lawfully claiming or to claim the Easement or any
<br /> part thereof,through Grantor,but not otherwise,subject to all matters of record as of the date hereof.
<br /> Grantee will at all times after doing any work in connection with the construction, operation,
<br /> maintenance or repair of the Facilities,follow customary and standard sanitary sewer backfill practices and
<br /> restore the Easement Property as close to the condition in which it was found before such work was
<br /> undertaken as is reasonably practicable, but specifically excluding the replacement of blacktop or concrete
<br /> surface improvements,trees, shrubs and/or other structures that were removed from the surface as a result
<br /> of such work.The replacement or restoration of said surface items shall be the responsibility of Grantor.
<br /> This instrument may be executed in a number of identical counterparts, each of which shall be
<br /> deemed an original for all purposes.
<br /> 2
<br />
|