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EXHIBIT D
<br />Owners of Lots within the Subdivision are advised that there exists in the Subdivision
<br />Restricted Reserve “C” restricted in its use to Park use (referred to as the "Park Reserve"). Each
<br />Owner of a Lot within the Subdivision hereby agrees to (a) release the Declarant and the
<br />Association, and their respective successors and assigns, from any liability for the placement,
<br />construction, design, operation, maintenance and replacement in or of the Park Reserve, and (b)
<br />indemnify each of such released parties from any liability arising out of or related to such Lot
<br />Owner's use of the Park Reserve. Owners further grant an easement to the Declarant and the
<br />Association for any incidental noise, lighting, odors, parking and/or traffic, which may occur in
<br />the normal operation of the Park Reserve. Owners hereby acknowledge that the Association, its
<br />directors, officers, managers, agents, or employees, the Declarant or any successor declarant
<br />have made no representations or warranties nor has any Owner or Occupant relied upon any
<br />representations or warranties, expressed or implied, relative to thesafety, any use, and/or any
<br />future change in use of the Park Reserve. The Park Reserve will be maintained by the City of La
<br />Porte, and is dedicated via the Plat to the City of La Porte for public park use.
<br />F.Easements
<br />Owners of Lots within the Subdivisionare advised there existthe following pipeline
<br />easementswithin the Subdivision which easements are described in detail in the Harris County
<br />Deed Records as follows: (i) a 50’Defense Plant Corporation & Texas Eastern Transmission
<br />Corporation Easement, Clerk’s File No. D565301, Vol. 1273, Pg. 287,Vol. 1093, Pg. 302, Vol.
<br />1683, Pg. 697; (ii) 80’ HumblePipeline Company Easement, Clerk’s File No. D550217, Vol.
<br />1093, Pg. 302, Vol. 2941, Pg. 218, Vol. 7527, Pg. 283; (iii) 80’ Gulf Refining Company & Gulf
<br />Oil Corporation Easement Clerk’s File No. D597345, Vol. 2304, Pg. 258; (iv) 80’ Amoco
<br />Pipeline Easement,Clerk’s File No. D580231, referred to collectively as the “Pipeline
<br />Easements”. Owners hereby agree to hold harmless the Declarant and the Association, and their
<br />respective successors and assigns and release them from any liability for the existence,
<br />placement, and/or maintenance of the Pipeline Easements and agree to indemnify the parties
<br />released from any damages they may sustain. Owners further grant an easement to the Declarant
<br />and the Association for any incidental odor, noise, lighting, and/or visibility of the Pipeline
<br />Easementsand/or traffic which may occur due to the existence and use of the Pipeline
<br />Easements. Owners hereby acknowledge that the Association, its directors, officers, managers,
<br />agents, or employees, and/or the Declarant have made no representations or warranties;nor has
<br />any Owner, occupant, tenant, guest or invitee relied upon any representations or warranties,
<br />expressed or implied, relative to any use and/or future change in use of the Pipeline Easements.
<br />G.Pond Maintenance Easement
<br />Owners of Lots within the Subdivision are advised that a portion of the Property is
<br />subject to the terms and conditions of that certain Declaration of Detention Pond Easements and
<br />Maintenance Obligations recorded under Harris County Clerk’s File No. 20140082554 in the
<br />Official Public Records of Real Property of Harris County Texas (the “Pond Agreement”). As
<br />set forth in the Pond Agreement, Restricted Reserve “D” (which is described in the Pond
<br />Agreement as Pond A) and Pond B (Pond A and Pond Bare described in detail in the Pond
<br />Agreement) shall be maintained by the owner of the Remainder Tract(as same is defined in the
<br />Pond Agreement)and the Declarantand the costs of such maintenance shall be shared as set
<br />forth in the Pond Agreement. Declarant’s rights and easements hereunder shall be transferred to
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<br />Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.
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