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STATE OF TEXAS
<br />COUNTY OF HARRIS )
<br />DRAINAGE EASEMENT
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />THAT, the undersigned CITY OF LA PORTE, a municipal corporation of Harris County,
<br />Texas (hereinafter called "Grantor"), for and in consideration of the sum of TEN DOLLARS
<br />1I0.00 in hand paid and other good and valuable consideration, the receipt and sufficiency of which
<br />is hereby acknowledged, does hereby grant, bargain, sell, warrant and convey unto UNION
<br />PACIFIC RAILROAD COMPANY, its successors and assigns (hereinafter collectively called
<br />"Grantee"), a perpetual easement to, at any time and from time to time, construct, maintain, alter,
<br />Inspect, operate, repair and relocate a drainage Swale. Grantee to have the right to select, change or
<br />alter the route during or prior to construction on, over and across a ten (10') strip of land situated on
<br />lands owned by Grantor or in which Grantor has an Interest In Harris County, Texas, being more
<br />particularly described on Drawing No. , attached hereto as Exhibit "A" and more
<br />particularly described by metes and bounds on Exhibit "B" attached hereto.
<br />The right of way and easement herein granted shall have a permanent width of ten feet
<br />(10'). In addition, Grantee shall have the right to use such additional space as may be necessary for
<br />the construction, maintenance and repair of the drainage Swale along the route of some.
<br />Grantor further grants and conveys unto Grantee the right of ingress and egress on, over,
<br />across and through said ten foot (10') strip of land for all purposes necessary or incidental to the
<br />exercise of the rights herein granted.
<br />Grantor reserves the right to use and enjoy said lands except as may be necessary for like
<br />purposes herein granted, provided Grantor shall not construct or permit to be constructed any
<br />house, structure, reservoir or other obstruction or excavation on, over or within said permanent
<br />right of way and easement and will not change the grade of any drainable Swale constructed
<br />hereunder; however, Grantor specifically reserves the right for perpendicular crossings of Grantee's
<br />drainage Swale with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and other
<br />utilities or facilities constructed so as to not Interfere with Grantee's drainage Swale.
<br />The consideration recited above shall constitute the full consideration for the right of way
<br />and easement herein granted, and for normal construction damages. Grantee further agrees to pay
<br />for all damages to growing crops, fences and timber on said land which may be caused In the future
<br />by the exercise of the rights granted hereunder, provided that after the drainage Swale has been
<br />constructed, Grantee shall not be liable for damages caused by keeping the said right of way area
<br />clear of trees, undergrowth, brush and obstructions.
<br />The terms and provisions hereof shall be binding upon and shall inure to the benefit of the
<br />heirs, personal representatives, successors, and assigns of Grantor and Grantee, and Grantee is
<br />expressly granted the right to assign tills right of way and easement, or any part thereof or interest
<br />therein, and the same shall be divisible among two or more parties as to any right or interest created
<br />hereunder.
<br />This agreement may be executed in counterparts and shall be binding upon each party
<br />executing any counterpart. Each such counterpart so executed shall have the same force and effect
<br />as an original Instrument as If all of the parties to the aggregate counterparts had signed in the same
<br />instrument. Signature pages and acknowledgments from separate counterparts [pay be combined
<br />and attached to one counterpart for recording purposes.
<br />This agreement Is the result of open and extended negotiations between the parties hereto,
<br />each Party having contributed toward the drafting hereof. directly and/or by counsel. To the
<br />greatest extent allowed by law, there shall be no application of the rule of construction of documents
<br />against the drafter.
<br />The acceptance by Grantee of this agreement and its consent thereto are evidenced by its
<br />Signature and acknowledgment of this instrument.
<br />This agreement, as written, covers the entire agreement between the parties and no other
<br />representations or agreements, written or oral, have been made modifying, adding to or changing the
<br />terms hereof or Inducing the execution hereof and the person obtaining this agreement on behalf of
<br />Grantee has no authority to make any promise, agreement or representation not expressly set forth
<br />herein.
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