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• <br />STATE OF TEXAS S <br />S <br />COUNTY OF HARRIS S <br />AGREEMENT <br />0 c(OFIly <br />This Agreement, made and entered into by and between <br />the City of La Porte, a municipal corporation of Harris <br />County, Texas, hereinafter referred to as "City," and <br />Southern Pacific Transportation Company, a Delaware <br />Corporation, hereinafter referred to as "S.P." <br />WHEREAS, S.P. owns a 219 Acre tract in the City of La Porte; <br />all of which is more fully shown on a plat thereof attached <br />hereto as Exhibit "A", incorporated by reference herein and <br />made a part hereof for all purposes, with said property <br />being sometimes hereinafter referred to as "the S.P. <br />Property"; and <br />WHEREAS, S.P. currently operates a railroad facility, known <br />as "Strang Yard" adjacent to said 219 Acre tract; and <br />WHEREAS, S.P. has previously filed with the City of La Porte <br />Planning and Zoning Commission a General Plan for <br />Development of said 219 Acre tract, which said plan in part <br />proposes an addition to S.P.'s existing Strang Yard <br />Facility; and <br />WHEREAS, S.P., in said General Plan for development, has <br />further proposed closure of certain existing City of La <br />Porte street rights -of -way, in exchange for dedication of <br />rights -of -way to the City of La Porte; and <br />WHEREAS, said right-of-way exchange facilitates development <br />of said 219 Acre tract and further provides for future <br />street locations within said tract; and <br />WHEREAS, said right-of-way exchange also allows for <br />acquisition by the City of La Porte of land needed to <br />facilitate proposed drainage improvements within the City of <br />La Porte; and <br />WHEREAS, the parties find it mutually beneficial to proceed <br />with the exchange of rights -of -way as proposed in said <br />General Plan in order to facilitate development of the <br />property and drainage improvements in La Porte; <br />NOW, THEREFORE, BASED UPON THE PREMISES AND THE MUTUAL <br />COVENANTS HEREIN CONTAINED, CITY AND S.P. HAVE AGREED, AND <br />DO HEREBY AGREE TO THE COVENANTS HEREIN CONTAINED, ALL AS <br />AFFECT "THE S.P. PROPERTY"; <br />