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.-, <br />• • <br />SOUTHWESTERN BELL TELEPHONE COMPANY <br />ACCESS EASEMENT <br />THE STATE OF TEXAS § <br />§ KNOW ALL PERSONS BY THESE PRESENTS: <br />COUNTY OF HARRIS § <br />THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA <br />PORTE, [hereinafter referred to as "GRANTOR" - (whether one or more)], and <br />SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230, <br />Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in <br />consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable <br />consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, <br />BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied <br />companies, its and their respective successors and assigns (hereinafter collectively referred to as <br />"GRANTEE"), anon-exclusive easement (hereinafter referred to as the "easement") for the <br />purposes hereinafter set forth, upon, across, over, above, under and within the tract of land <br />described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and <br />incorporated herein by reference for all purposes. The easement granted herein occupies part of <br />GRANTOR'S property located in Harris County, Texas, (hereinafter referred to as the "Property") <br />and described as follows: <br />Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, <br />Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of <br />Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume <br />2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real <br />Property, Harris County, Texas. <br />It is distinctly understood that this agreement does not constitute a conveyance of the <br />Property nor of the minerals therein and thereunder, but grants only aright-of--way and easement <br />subject to the following: <br />(a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against <br />any and all claims, demands, or causes of action of whatever nature, asserted by others which are <br />caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy <br />of the easement herein granted by GRANTEE, its employees, or any other persons acting under its <br />control. <br />(b) The right-of--way and easement granted hereby is subject to all, if any, valid and <br />subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, <br />rights-of--way, restrictive covenants, mineral and royalty grants and reservations, or other <br />instruments now of record in the appropriate records of Hams County, Texas which affect the <br />easement. <br />Job No. LP2-D06-2/2121 1 <br />