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Project:Morgan's Point to Bayport
<br /> Tract#: TX-HR-0026.00000
<br /> TX-HR-0027.00000
<br /> Harris County,Texas
<br /> DO NOT RECORD THIS EASEMENT
<br /> ONLY A MEMORANDUM OF THIS EASEMENT IS TO BE RECORDED
<br /> PERMANENT EASEMENT AGREEMENT
<br /> This Permanent Easement Agreement (the "Agreement"), is by and between CITY OF LA
<br /> PORTE, a municipal corporation of Harris County, Texas, whose address is 604 W. Fairmont Parkway,
<br /> La Porte, Texas 77571 (hereinafter referred to as "Grantor", whether one or more), and HSC Pipeline
<br /> Partnership,LLC,a Texas limited liability company,with offices at 1100 Louisiana,Suite 1000,Houston,
<br /> Texas 77002 and mailing address for all correspondence to P.O. Box 4324, Attn: Land Dept., Houston,
<br /> Texas 77210-4324,and its successors and assigns(such entity and its successors and assigns are collectively
<br /> referred to as the"Grantee"). For the consideration of TEN AND NO/100 Dollars($10.00)and other good
<br /> and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does
<br /> hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee a non-exclusive free and unobstructed
<br /> permanent easement, for a pipeline not to exceed sixteen inches (16") in nominal diameter in order to,
<br /> among other rights described below, construct, operate and maintain one (1)pipeline (the "Pipeline") not
<br /> to exceed 1875 psig, and any appurtenant facilities in, over, through, across, under, and along land owned
<br /> by Grantor,said easement route generally shown or described on Exhibits"A"and"B"for Tract#TX-HR-
<br /> 0026.00000 and Exhibits "A" and "B" for Tract #TX-HR-0027.00000 attached hereto ("the Permanent
<br /> Easement"). Upon completion of the initial construction of the Pipeline,the Permanent Easement shall be
<br /> limited to the width of the Pipeline as constructed. It is agreed between the parties that during any
<br /> subsequent maintenance,inspection,replacement,repair and/or removal of the Pipeline,Grantee shall have
<br /> the re-occurring right, from time to time, to use an additional temporary easement and right-of-way as
<br /> reasonably necessary, but in no event greater than thirty feet(30') in width as more particularly described
<br /> and depicted on Exhibits"A"and"B"for Tract#TX-HR-0026.00000 and Exhibits"A"and"B"for Tract
<br /> #TX-HR-0027.00000 (the "Springing Temporary Workspace Easement"). Upon completion of each
<br /> instance of subsequent maintenance, inspection, replacement, repair and/or removal activities by Grantee,
<br /> the Springing Temporary Workspace Easement will cease and all rights will revert back to the permanent
<br /> width of the Permanent Easement until such time as the Grantee has the need to perform additional
<br /> maintenance, inspection,preplacement, repair and/or removal activities.
<br /> Grantor does also hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee temporary
<br /> workspace and extra/additional temporary workspace, if any, as generally described in Exhibits "A" and
<br /> "B" for Tract #TX-HR-0026.00000 and Exhibits "A" and "B" for Tract #TX-HR-0027.00000 attached
<br /> hereto, in order to construct the Pipeline and any appurtenant facilities in,over,through,across,under,and
<br /> along the property and to restore the property as required under this Agreement (the "Temporary
<br /> Construction Easement") (the "Springing Temporary Workspace Easement and Temporary Construction
<br /> Easement, collectively the "Temporary Easement") (the "Permanent Easement" and "Temporary
<br /> Easement"collectively the"Easements"). The term of the Temporary Construction Easement shall be for
<br /> a period to extend twelve (12) months from the date of construction commencement on Grantor's
<br /> property. However, if Grantee has completed its use of the Temporary Construction Easement prior to the
<br /> expiration of said period, then the Temporary Construction Easement shall immediately terminate. All
<br /> rights, duties and/or obligations arising by or under this Agreement shall only apply to the Temporary
<br /> Construction Easement while same is in effect.
<br /> It is further agreed as follows:
<br /> 1. The right to use the Easements shall belong to Grantee and its agents, employees, designees,
<br /> contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the
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