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<br />. <br /> <br />e <br /> <br />SUBJECT TO: The City of La Porte, for itself, its <br />successors and assigns, and the public utilities holding <br />franchises from it, shall have the perpetual right, <br />privilege and easement, with appropriate rights of <br />ingress and egress and reasonable working area for <br />const:ruction ..and maintenance, to enter upon and <br />const:ruct, reconstruct, maintain, operate, inspect, <br />replace, restore, repair, and remove public utility <br />facil,ities, together with all necessary improvements in, <br />over, under, through and across the public utility <br />easemlants herein retained and described. No buildings, <br />awnin~;Js, overhangs, or other structures may be placed on, <br />over or across the public utility easements herein <br />retained and described; PROVIDED, HOWEVER, nothing herein <br />provided shall prevent the right of the Grantee herein, <br />to pave, landscape, or otherwise use the surface of said <br />public utili.ty easements so long as such use is not <br />incom:dstent' with the rights of the City of La Porte and <br />its fr'anchised public utilities as herein described. All. <br />pavinc:r plans and specifications shall be subject to the <br />prior approval of the City of La Porte, including, but <br />not limited to the placement of construction joints in <br />any pclving. The City of La Porte and its franchised <br />public utilities shall not be obligated to restore or <br />repair' any sucn paving, landscaping or other improvements <br />dist~'bed, damaged, or removed by the exercise of such <br />public utility rights and privileges herein described. <br /> <br />The p,ublic utility easements herein retained and <br />described, and the provisions and restrictions herein <br />contained and described, may be redefined by mutual <br />agreement between Grantee and the appropriate franchised <br />public utilities, and/or the Grantor, City of La Porte. <br /> <br />TO HAVE AND TO HOLD the said premises, together with all and <br /> <br />singular the rights, privileges and appurtenances thereto in any <br />manner belonging unto the said JOSEP~. A.~. CAMP, JR., Individually <br />and as Trustee, his successors or assigns, forever, so that ..the <br /> <br />CITY OF LA PORTE, nor any person or persons claiming under it' <br />shall, at any time hereafter, have, claim or demand any right or <br />title to th.e aforesaid premises or. appurtenances, or any part <br /> <br />thereof. <br /> <br />WITNESS MY HAND, this 30th day of March, 1998. <br /> <br />CIT.Y OF LA PORTE <br />By: <5<~~ ~ \..\~ <br />ROBERT T. HERRERA <br />city Manager <br />