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HomeMy WebLinkAboutO-2001-2467 . e ORDINANCE NO. 2oo1-~~II,'l AN ORDINANCE APPROVING AND AUTHORIZING THREE EASEMENT AGREEMENTS BETWEEN THE CITY OF LA PORTE AND SOUTHWESTERN BELL TELEPHONE COMPANY, FOR EXPANSION OF THE DIGITAL SUBSCRIBER LINE (DSL) TELECOMMUNICATION SERVICE FACILITIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the con~ract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e ORDINANCE NO. 2001-~~u1 PASSED AND APPROVED, this 12th day of February, 2001. CITY OF LA PORTE PAGE 2 By: ~~~a~~~ /= ATTEST: Kn City . e "7 .' SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS ~ ~ ~ KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS TIIAT TInS EASEMENT AGREEMENT, entered irito'by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTO~ in consideration of the sum ofTEN AND NOIlOO ($10.00) DOLLARS, and other.good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied comPan.ies, its and tJteir respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (herinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, under and within a tract of h;lIld described in Exhibit "A", and shown on Exhibit "B", said exhibits attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas (hereinafter referred to as the "Property"), and described as follows: Lots 4,5 and 6, Block 177 of the Map of La Porte, out of the 1. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deed$ recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a right-of-way and easement , subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 Job No. LP2-D06-00-212121 - 1 - e . (c) This easement is granted for the specific purposes of permitting GRANTEE to construct, operate, place, maintain, lay, inspect, protect, repair, alter,. substitute, relocate, replace, and remove s~h underground electrical and telephone, telegraph, signal and other telecommunications systems and lines, circuits, and conduits, together with such other underground appurtenances thereto, as GRANTEE, its successors and assigns, may from time to time require upon, across, over, a&6 under and within said easement; the right of pedestrian and vehicular ingress to and egress from the surface of the easement utilizing the surface of easement, the right to clear and keep cleared trees, brush, and all other obstructions from the surface and subsurface of said easement, subject to the exceptions stated herein; and, the right to install, maintain, and use gates in fences which cross said easement. . (d) GRANTEE, shall not have the right to construct, build, install, maintain, have, or permit any above ground structures, facilities, apparatus, lines, installations, equipment, or appurtenances to any thereof, of any kind or character, on the surface of the easement hereby granted, except necessary route markers or signs. (e) GRANTOR, its successors and assigns, shall have the right to use the surface and subsurface of the easement herein granted insofar as such use does not impair, interfere with or obstruct the use of the easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and parking lots over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across and through, but not along, the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement for the purposes set forth herein. (t) Subject to the rights granted to GRANTEE as set forth herein, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any p~ thereof, GRANTEE shall promptly restore the swface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons actilJ.g under its control, during GRANTEE'S use of the easement. 2 Job No. LP2-D06-00-212121 - 2 - . e; (g) GRANTOR warrants that they are the owner of the Property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to the easement or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended and any contamination contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be soley liable thereof. GRANTOR does hereby additionally GRANT, BARGAIN AND. SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth ,above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North of and adjacent to the permanent easement described in Exhibit nAn and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after' the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND to HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to ,?laim the same, or any part thereof. SIGNED AND EXECUTED this day of . 2000. CITY OF LA PORTE By: Name: Title: 3 Job No. LP2.D06.00-212121 . - 3 - e e ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ ~ This instrument was acknowledged before me on the 2000,by . day of of City of La Porte. NOTARY PUBLIC IN AND FOR SAID COUNTY MY COMMISSION EXPIRES PRINTED NAME OF NOTARY After recordinl!. Dlease return to: Kevin Stephenson CONTRACT LAND STAFF 10701 Corporate Dr., Suite 215 Stafford, TX 77477 4 Job No. LP2-D06-00-212121 - 4 - e e SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS ~ ~ ~ KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS TIlAT TIllS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Suite 230, Houston, Texas 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum ofTEN AND NOll 00 ($1 0.00). DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within a tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement 'granted herein occupies p8rt of GRANTOR's property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does' not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 'Job No. LP2-D06-00-212121 . e (c) This easement is granted for the specific purposes of permitting Grantee to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace and remove such above ground and underground electrical, telephone, telegraph, signal and other. communications facilities, cables, lines, circuits, and conduits, repeater huts, subscriber loop carrier repeater huts, buildings/structures housing telecommunication facilities, digital subscriber loop cabinets/structures housing said telecommunications facilities,. and fiber optics repeater huts, together with such above ground and underground appurtenances thereto, as Grantee may from time to time require upon, over, across, above, under and within the easement; the right of ingress and egress to the easement using the surface of the easement and all reasonable routes across the Property, including but not limited to the right to use all existing and future roads, drives, streets, parking lots, entrances and exits and all other paved areas of the Property; the right to pave and to park vehicles on the surface of the easement; the right to drain or sheet flow storm water runoff from the easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property; the right to clear and keep cleared trees, brush and all other obstructions from the surface and subsurface of the easement; the. right to install, maintain and use gates in fences which cross the easement; th.e right to fence the easement; and the right to pave the surface of the easement for parking purposes and to construct roads, streets and drives upon the easement; the right to raise the surface grade of the easement by placing dirt, fill and/or other materials of GRANTEE's so that the surface grade of the easement can be raised above the level of the flood plain. (d) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of easement. (e) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein and that it has the right to make this conveyance and receive payment therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that it has no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement or GRANTOR's property described herein, including but not limited to 2 Job No. LP2-D06-00-212121 e e "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. (f) GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North and East of and adjacent to the pennanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall tenninate sixty (60) days after the, commencement of the construction and installation of GRANTEE'S telecommunications facilities into the pennanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to.as the "easements". 1 TO HA VE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND J;:XECUTED this day of . 2000. CITY OF LA PORTE By: Name: Title: 3 Job No. LP2-D06-00-212121 e e ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ This instrument was acknowledged before me on the 2000,by . day of of City afla Porte. · NOTARY PUBLIC IN AND FOR SAID COUNTY MY COMMISSION EXPIRES PRINTED NAME OF NOTARY After recordine:. please return to: Kevin Stephenson Contract Land Staff, Inc. 10701 Corporate Dr., Suite 215 Stafford, TX 77477 4 Job No. LP2-D06-00-212121 . e TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 of the"Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas~ and conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest corner of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of-way line of West" I " Street (60 feet wide) and the east right-of-way line of South 4th Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of-way line of said South 4th Street, with the west line" of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public' Records of Real Property, Harris County, Texas; THENCE South 89044'54" East with the south line. of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest corner and the POINT OF BEGINNING of said tract herein described; . THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest corner of said tract herein described; THENCE South 89044'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set for the. northeast corner of said tract herein described; THENCE South with the east. line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of30.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast corner of said tract herein described; THENCE North 89044'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revised 01/10/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool Exhibit "A" S0779 SITE.doc 01103/00 c ..-)>.Z ~~:u:=~ Pl- Pl VlIIl~n.. 1Il1'l:i!~ z:O z O:I:nPl MO~O: oc VlVI)>' 0""""::0 ....O)>.Pl :I:ZS:: Pl .~ i 8~ VI ['l =E rrl (J) -t "TJ )> :::0 :s:: o z -t ""tI )> :::0' ^ =E )> -< ......... en o :::0 . o =E . ........ ~"tI"tI ""00 ~~~ ::0 .....Plm a)>.)>. iil!!l~ -..... 1-0 _z.... _Pl om ....~ ::0 Z c;') !o!I -. ?o- r o -i 1'9 ..... z '" .- ~~-o .- z:;o_ ~q'i ..... -I -ED 1""1 ....... "'" r-I""I ~O Ol""l.en N en. oo~~~~ ONo~iCm::O QO-~""'. . en Cc:z;-Io~ O.-IZ-l -I · OiTiO."O-. :J::oen.Oo . I""IT::I::O. "" 0 Z en .... ~ r'fJ /'oJ I .... en -. 0 ~ . ;;I g" 0 Z I\J g ~ !Il .. PI " III o g" CD "'0 :1 ;;0 o "'0 rrt ;;0 -i -< o . .. ~ i5I ; rr1 e r.l'?;J ;;II\J tP~ n r ..... - )> -i -< o " o :::c :s::: o ..... 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(whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum ofTEN AND NO/lOO ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a non-exclusive easement (hereinafter referred to as. th~ "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within the tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being 'attached hereto and incorporated herein by reference for all purposes. The easement ~ted herein occupies part of GRANTOR's property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: . (a) GRANTEE hereby agrees to save and hold hannless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of-way.. and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, . rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. Job No. LP2.D06.212121 1 e e (c) This easement is granted for the specific purposes of pennitting GRANTEE vehicular and pedestrian ingress/egress access to and from its adjoining telecommunications facilities easement conveyed concurrently herewith by GRANTOR to GRANTEE, said adjoining telecommunications facilities easement being more particularly described in Exhibit "e" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. GRANTEE shall have the right to construct, operate, place, maintain, lay, alter, substitute, relocate, replace, inspect, protect, repair, and remove a roadway or driveway for vehicular and pedestrian ingress/egress access purposes, and drainage facilities associated therewith, upon, across, over, above, under and within the herein described easement, and/or to utilize GRANTOR's existing roadway/driveway within said easement. Furthennore, GRANTEE shall have the right to install, maintain. and use gates in fences which cross the easement. (d) GRANTOR, its successors and assigns. shall have the right to use the surface of said easement insofar as such does not impair, interfere with or obstruct the use of said easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, place, maintain, lay, inspect. protect. operate, repair, alter, substitute, repla~e and remove (i) roads, streets, sidewalks, parking lots, and landscaping over, across. and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across, through, and along the easement- herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvemen~s do not impair, interfere with or obstruct GRANTEE's use of the easC?ment. (e) Subject to the rights granted to GRANTEE as set forth herein, including. but not limited to the right to pave the surface of the easement, after the construction of GRANTEE's access roadway/driveway and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR's Property or any part thereof, GRANTEE shall promptly restore the . surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages. other than damages to trees, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operation. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, shrubs, bushes . '. and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control. during GRANTEE's use of the easement. (0 This easement will tenninate and revert to GRANTOR upon GRANTOR providing GRANTEE with continuous reasonable, alternative vehicular and pedestrian ingress/egress access to and from the telecommunications facilities easement described in Exhibit "A" and shown on Exhibit "Bn attached hereto to a public right-of-way or roadway or private roadway/driveway having public roadway access and twenty-four hour a day, seven days a week availability. It is specifically understood that the tenn "GRANTOR", as utilized in this paragraph, refers to GRANTOR andlor their heirs, successors, and assigns. Job No. LP2-D06-212121 2 e e (g) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein conveyed, and that it has the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that he has no knowledge of the existence of past or present production storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement area or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the HazMdous Material Transportation Act, as amended. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself and his heirs and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this day of , 2000. CITY OF LA PORTE By: Name: Title: Job No. LP2-D06-212121 3 . THE STATE OF TEXAS COUNTY OF HARRIS e ACKNOWLEDGEMENT ~ ~ This instrument was acknowledged. before me on the 2000, by MY COMMISSION EXPIRES After recordine:. lllease return to: Kevin Stephenson . . Contract Land Staff, Inc. 10701 Corporate Dr., Suite 215 Stafford, TX 77477 Job No. LP2-D06-212121 day of of City of La Porte. NOTARY PUBLIC IN AND FOR SAID COUNTY PRINTED NAME OF NOTARY 4 . e TRACT 3 ACCESS EASEMENT DESCRIPTION OF A 0.024-ACRE TRACT OF LAND OUT OF THE 1. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.024 acre (1,051 square feet) out of the J. Hunter Survey, A~35, Harris C~lUnty, Texas. Said 0.024-acre tract being out of Lots 3, 4 and 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.024-acre tract being more particularly described by metes arid bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot I, Block 177 of said Map of La Porte, ~ocated at the inter~ection point .ofthe south ri~ht-of-way line of~est " I .. Street (60 feet Wide) and the east nght-of-way hne of South 41 Street (60 feet Wide), frOIJl which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of-way line of said South 41h Street, with the west line of said Lots 1-4, a distance of 50.00 feet to 1/2-inch iron rod with cap stamped "WEISSER. HOUSTON" set for the northwest comer and the POINT OF BEGINNING of said tract herein described; THENCE South 41034' 57" East with a northeast line of said tract herein described, a distance of 15.06 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the beginning of a non-tangent curve to right; THENCE it:! a southeasterly direction with a northeast line of said tract herein described and with a line of a curve to the right having a central angle = 75046'27", radius = 40.00 feet, chord bearing = South 37038'08" East, chord distance = 49.13 feet, at a curve length of 25.54 feet pass the south line of said Lot 3 and the north line of said Lot 4 and continuing for a total curve length of 52.90 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the end of said curve; THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast comer of said tract herein described; THENCE North 89044'54" West with a south line of said tract herein described, a distance of 15.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southwest comer of said tract herein described; THENCE North with the west line of said tract herein described, a distance of 12.09 feet to a II2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the beginning of a . curve to the left; THENCE in a northwesterly direction with a southwest 'line of said tract herein described and with a line of a curve to "the left having a ctmtral angle = 66040'24", iadius = 25.00 feet, chord bearing = North 33005'08" West, chord distance = 27.48 feet for a curve length of 29.09 feet to a 1I2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the end of said curve; THENCE South 51038'45" West with a southwest line of said tract herein described, a distance of 12.75 feet to a 1I2-inch iron rod with cap stamped-"WEISSER HOUSTON" set for a southwest comer of said tract herein described, located in the west line of said Lot 4 and the east right-of-way line of said South 41h Street; Exhibit "A" 50779 ACCESS rev I.doc 01103100 . e THENCE North with the west line of said Lot 4, with the east right-of-way line of said South 4111 Street and with a west line of said tract herein described, at a distance of 10.00 feet pass the north line of said Lot 4 and the south line of said Lot 3 and continuing for a total distance of 35.00' feet to the POINT OF BEGINNING and containing 0.024-acre (1,051 square feet) of land. Compiled By: .",. Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revisied 01/10/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: LaPorte Exhibit "A" son9 ACCESS rev I.doc 01103100 WEST FAIRMONT PARKWAY' (60' R.OoWo) sc:AlE: I DRAWN BY: N.T.S. DArE:'" REVISED: R.M.A. 01 /02/01 01/10/01 RT SITE: 2121 lIIIRE CENTER: LA PORTE WEISSER JOB NO. S0779 (298-625) $.W.B.T. JOB NO. LP2-D06-00-2 NOTE: ALL CORNERS ARE 1/2" ~R. WITH CAP STAMfSED WEISSER. HOUSTON" UNLESS NOTED OTHERWISE. POWER POLE (TY? GUY WIRE S. w.e. T. EASEMENT H.C.C.f'. NO. S 281579 f'ILM CODE NO. b 511-48-3597 g O.P.R.R.P.H.C. ~ 0.014 AC/ ~ o BASIS OF BEARINGS: EAST LINE OF LOTS 1-11 1" It I LOT oR. 2- .O.8.~ lRACT 1 #-#1 (TRACT 1) S W B T CO FENCE .. .. · EASEMENT FOR 11 TELECOMMUNICATIONS ~ FACILITIES c) Ie: 0.028 ACRE (1.200 SQ. FT.) FND 6 ~~ '\'\ (Pt'o~ ~-t-~ ,,"Q.r::,. <0,,090 ",to. ~~~V()<?:-' -.\: v' ~. LOT 5 LOT 6 1" .R. SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENTS FOR TELECOMMUNICATIONS FACILITIES AND ACCESS THERETO HARRIS COUNTY, TEXAS PROPERTY OWNER CITY OF LA PORTE CITY Of' LA PORTE VOLo 6098, PGo 25Q H.C.CoR. LOTS 1-4 AND VOL. 2080, PG. 149 H.CoC.R. LOTS 5-1 WEISSER Engineering 19500 Pork Row, Suite Houston, Texas 77084 (281) 579 - 7300 Co. 100 --<J .R. --<J TELEPHONE CABLE MARKER ...... o ~ o o e:: o to '-' I- L&J L&J e:: l- V] :c I- ~ :c I- ::> o V] (60' R.O.W.) ~ ", '0 N 0 v . .- 0 ~ 10 ::> ~ in o ::> '" enO en CONCRETE PARKING .R. WEST P.O.C. (ALL TRACTS) (FND 1/2" loR.) (NORTH 0.73') I I PROPERTY LINE I 25' ~ LOT G:l ,TRACT 2 S.W.B.T. CO. EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES 0.021 ACRE (911 SQ. FT.) NORTH S 89044'54" E SOUTH N 89"44'54" W S 89044'54" E SOUTH TRACT 3 S.W.B.T. CO. ACCESS EASEMENT 0.024 ACRE (1.051 SQ. FT.) >- LrJ -I -I <( to or- r5 FND /2" .. I .. (60 RoOoWo) FND b J o o o o @ @ .P. SURVEY (2) SOUTH @ N 89.44'54" @ NORTH @ S 41034'57" @ 30.00' 40.00' 65.00' 2.09 30.00 40.00' R= 40.00' /),= 75046'27" L= 52.90' CH= S 37038'08" @ SOUTH @ N 89044'54" W ....::. @ NORTH @R= 25.00' /),= 66040'24" L= 29.09' CH= N 33005'08" @ S 51038'45" W @ @ @ NORTH SOUTH S 89"44'54" E E W 5.00' 25.00! 17.09' 15.06' - KEY MAP 580B E - 49.13' 12.09' 15.00' 12.09' CD W - 27.48' I- 12.75' CD 35.00' I X w 15.00' 25.00' HUN TE R A-35 . e TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF AO.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 ofthe'Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records ofHarrls County, Texaslland conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of-way line of West" I ,i Street (60 feet wide) and the east right-of-way line of South 4th Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distance of 0.73 feet; THENCE So~th with the east right-of-way line of said South 41h Street, with the west line" of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest comer of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public' Records of Real Property, Harris County, Texas; . THENCE South 89044'54" East with the south line or" said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer and the POINT OF BEGINNING of said tract herein described; . THENCE North with the east line of said Southwestern aell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE South 89044'54" 'East with the north line of said tract herein described, a distance of 40.00 feet to a 1/2-inch iron rod with cap stamped "WEiSSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South with the east.line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast come.r of said tract herein described; THENCE North 89044'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square. feet) of land. Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) n Date: 01/02/00 Revised 01/10/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool AU PROYlSll. HUEII'HICH RUlRICIS THr sm. RElll\, OR USI Of IHI DESCRIED 1m PROPElIUlCAnl Of COLOR 01 UCIRIYWD AID UlmORCUlll UIDIR IIDIUI IAI. THE STATE OF TEXAS COUNTY OF HARRIS Ibr.ll c.rer IIllllil Dln..nlll. fLED ill Fh NUlla S.,.III.lalll. d111.1I1l.11II1iII. 1~IPllltll"ll II; III III IulIRICORDID.1I1lt Db"". RCClIfI.IRIIIP/If'l!J.IKllriI CClIllJ. Y.UII. Compiled By: e FEB 2 0 2001 ~4'~ COUNTY CLERK HARRIS COUNTY, TEXAS \' C Exhibit "IfJ' " 50779 SITS.doc 01103100 " continue to expand our network. These struc- tUl'es enable us to deploy the latest technology directly into a neighbor- hood. Thl'Ough the multiplexing of many lines over an The use of Remote Terminal Buildings.. like the one shown here. allows Southwestern Bell to e.,xisting copper cable. or through the use of small fiber cables. these build- ings enable us to provide customers with the most reliable service and the . . most efficient use of rate dollars. ------..---..- ::::::>-..-::.-----.. ......:... ...~~::::::::~~- t , , -" . . ',' '" ~ '.' ..... ....,.'.' ..>;;;;J . .."..... ~..::rf~.,,; . ~-:~~-Lii,ili. '. . . .: I.... ." ~ . .' "._ . : ....._.. . ~ .. 10",:' .. .. ~: ...~... , .. . ., .' ....... . p ~~ > ~ 9s~~~=~~=~7~":' February 20, 2001 RECEivED FEB 2 1 2001 CITY SECRErARY'S L.. OFFICE -- Ms. Martha Gillett City of La Porte P.O. Box 1115 La Porte, TX 77572 ---! Re: Recorded SWBT Easements Dear Ms. Gillett: Enclosed you will find copies of the recorded Southwestern Bell Telephone Easements for your records. Thank you for your cooperation and please contact me at (281) 340-3582 if! can answer any questions or be of further assistance. Sincerely, fZ'~' Kevin Stephenson Enclosure(s) . (281) 240-3370 Corporate Office (800) 874-4519 (281) 240-;009 fax e e TRACT 2 EASEMENT FOR UNDERGROUND TELECoMMuNICATIONS FACILITIES DESCRIPTION OF A 0.02I-ACRE TRACT OF LAND OUT OF THE 1. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS BC?i.ng a tract of land containing 0.021 acre (911 square feet) out of the J. Hunter Survey, A"::"35, Harris COJInty, Texas. Said 0.021-acre tract being out of Lot 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and 'Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.02I-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of-way' line of West" I .. Street (60 feet wide) and the east right-of-way line of South 41h Street (60 feet wide), from which a 1/2:inch iron rod found bears North, a distance of 0.73 feet; . THENCE South with the east right-of-way line of said South 41h Street, with the west line of said Lots 1-4, a distance of 100.00 feet to 112-inch iron rod with cap stamped. "WEISSER HOUSTON" set for the northwest comer and the POINT OF BEGINNING of said tract herein described; . THENCE South 89044'54" East with a north line of said tract herein described, a distance of 65.00 feet to a 1I2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South 'with an east line of said tract herein described, a distance of 12.09 feet to a 1/2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast comer of said tract herein described; THENCE North 89044'54" West with a south line of said tract herein described, a distance of 40.00 feet to a 1I2-inch iron rod with cap stamped "WEISSER HOUSTON" ~et for an interior comer of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 5.00 feet to a 1J2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southeast comer of said tract herein described, located at the northeast comer of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Harris County, Texas; THENCE North 89044'54" West with the north line. of said Southwestern Bell Telephone Company easement and with the south line of said tract herein described, a . distance of25.00 feet to a 1I2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer of said tract herein described, located in the west line of said Lot 5 and the east right-of-way line of said South 4Th Street; Exhibit "A" S0779 UNDEROROUND.doc 01103100 e e THENCE North with the west line of said Lot 5, with the east right-of-way line of said South 41h Street and with the west line of said tract herein described, a distance of 17.09 feet to the POINT OF BEGINNING and containing 0.021-acre (911 square feet) ofland. 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UOOlO (J1 ~ -,..j - ~ ~ -,..j - O,j:>. . U "oJ (J1' CD. :e 0 :e 0 CD CD I I. = :e UI UI Z o 0 CD C :;0 to -I -I ~ :J: I ~ (J1 .jlo.. rr1 ,.., 00 00 . :e ,.., I'.) U I N ~ ~ ~ ~ I\J !" ~ ~ ~ :-"' ~ 0 0 0 0 "oJ 0 0 0 0 0 0 q q q q ~ I\,) lC!, q CD ,j:>. ~ to O. :-"' CD .jlo. ~ " CD tJlPI m-< , 2Z "..... ~ s::' > "U EXHIBIT liS II u :u L I C Z -l fIl ;0 )> I IN (Jl .srpv~ d3 {} THE STATE OF TEXAS l- COUNTY OF HARRIS U88605ge e 02/20/01 300505081 U886059 SOUTHWESTERN BELL TELEPHONE COMPANY ACCESS EASEMENT 123.00 ~ ~ ~ KNOW ALL PERSONS BY THESE PRESENTS: THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA J PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and\,' SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230,~ . Houston, TX 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND NOll 00 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"),' a non-exclusive easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within the tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: Lots 4, 5 and 6, Block 177 of the Map of La Porte, out of the 1. Hunter Survey, A-35, D Harris County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of I Harris County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property nor of the minerals therein and thereunder, but grants oniy a right-of-way and easement subject to the following:' . (a) GRANTEE hereby agrees to save and hold hannless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by pr arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. Job No. LP2-D06-212121 1 e e ( c) This easement is granted for the specific purposes of pennitting GRANTEE vehicular and pedestrian ingress/egress access to and from its adjoining telecommunications facilities easement conveyed concurrently herewith by GRANTOR to GRANTEE, said adjoining telecommunications facilities easement being more particularly described in Exhibit "e" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. GRANTEE shall have the right to construct, operate, place, maintain, lay, alter, substitute, relocate, replace, inspect,. protect, repair, and remove a roadway or driveway for vehicular and pedestrian ingress/egress access purposes,- and drainage facilities associated therewith, upon, across, over, above, under and within the herein described easement, and/or to utilize GRANTOR's existing roadwayldriveway within said easement. Furthennore, GRANTEE shall have the right to install, maintain, and use gates in fences which cross the easement. (d) GRANTOR, its $Uccessors and assigns, shall have the right to use the surface of said easement insofar as such does not impair, interfere with or obstruct the use of said easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, place, maintain, lay, inspect, protect, operate, repair, alter, substitute, replace and remove (i) roads, streets, sidewalks, parking lots, and landscaping over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across, through, and' along the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE's use of the easement. (e) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right to pave the surface of the easement, after the construction of GRANTEE's access roadway/driveway and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR's Property .or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations.. GRANTEE shall pay GRANTOR for any. damages, other than damages to trees, shrubs, bushes and vegetation growing Within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operation. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, shrubs, bushes and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE's use of the easement. (t) This easement will tenninate and revert to GRANTOR upon GRANTOR providing GRANTEE with continuouS reasonable, alternative vehicular and pedestrian ingress/egress access to' and' from the telecommunications facilities easement described in Exhibit "A" and shown on Exhibit "B" attached hereto to a public right-of-way or roadway or private roadway/driveway having public roadway access and twenty-four hour a day, seven days a week availability. It is specifically understood that the tenn "GRANTOR", -as utilized in this paragraph, refers to GRANTOR and/or their heirs, successors, and assigns. Job No. LP2-D06-212121 2 e e (g) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein conveyed, and that it has the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that he has no knowledge of the existence of past or present production storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement area or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. . TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself and his heirs and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successor-s and ~signs, against every person whomsoever lawfully claiming or to clai":l the same, or any part thereof. . SIGNED AND EXECUTED this J ~~ dayof~ /; / . 200;. CITY OF LA PORTE \~l By: ~~ \. \{~ Name: ~~l,.'C......T T. \+-e" ('"C..re- Title: C.L~ Y"'\.c.. LJ c..S c.~ ~. r.... ''=':';' ,.~ ~ c:..> ~ -Tl ;~ (", t'~ ", -n .l . ".; '0)':"\ OJ - .. ., N r . '.1::'-. ';' '.\ c:> ':n ,. r' m ,.- i;:\,... 3"'." . . ill :l: . -I ::J <:.~ 0 . ;,;..1; ~~ - ..( .. ::> t U1 <J1 0'\ Job No. LP2.D06-212121 3 It e THE STATE OF TEXAS COUNTY OF HARRIS ACKNOWLEDGEMENT ~ ~ ~ Thi~ instrull)fnt was ac~wlf?~ged before m~ on the 1~11- day of "Fe 6. 200"" by -K Of>t rr ~ rr i r ti , [)hf m It ~P( of City of La Porte. . . 1J;~fuljclUllftoR SAID COUNTY MY COMMISSION EXPIRES After recordine:. please 'return to: Kevin Stephenson Contract Land Staff, Inc.. . 10701 Corporate Dr., Suite 215 Stafford, TX 77477 Job No. LP2-D06-2J2121 4 e e TRACT 3 ACCESS EASEMENT DESCRIPTION OF A O.024-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY. A-35. HARRIS COUNTY. TEXAS . Being a tract of land containing 0.024 acre (1.051 square feet) out of the J. Hunter Survey. A-3S. Harris County. Texas. Said 0.024-acre tract being out of Lots 3. 4 and 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58. Page 460 of the Deed Records ofHairis County. Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098. Page 250 and Volume 2080. Page 149 of the Deed Records of Harris County, Texas. Said 0.024-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots I-II of said Map of-La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot I. Block 177 of said Map of La Porte, located at the intersection point of the south riftt-of-way line of West " I " Street (60 feet wide) and the east right-of-way line of South 4 Street (60 feet wide). from which a I12-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of-way line of said South 411I Street. with the west line of said Lots 1-4. a distance of 50.00 feet to 1/2-inch iron rod with cap stamped '~ISSBR HOUSTON" set for the northwest comer and the POINT OF BEGINNING of said tract herein descn'bed; THENCE South 41034'57" East with a northeast line ofsaid tract herein described, a distance of 15.06 feet to a I12-inch iron rod with cap stamped "WEISSER HOUSTON" set for the beginning of a non-tangent curve to right; THENCE in a southeasterly direction with a northeast line of said tract herein described and with a line of a curve to the right having a central angle = 75046'27". radius = 40.00 feet, chord bearing = South 37038'08" East, chord distance = 49.13 feet, at a curve length of 25.54 feet pass the south line of said Lot 3 and the north line of said Lot 4 and continuing for a total curve length of 52.90 feet to a II2-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the end of said curve; THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a 112-itich iron rod with cap stamped ''wBISSER HOUSTON" set for a southeast comer of said tract herein described; THENCE North 89044'54" West with a south line of said tract herein described, a distance of 15.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southwest comer of said tract herein described; THENCE North with the west line of said tract herein described, a distance of 12.09 feet to a I12-inch iron rod with cap stamped ''WEISSER HOUSTON" set for the beginning of a curve to the left; THENCE in a northwesterly direction with a southwest line of said tract herein described and with a line ofa curve to the left having a.ctintral angle'" 66040'~4". radius = 25.00 feet, chord bearing = North 33005'08" West, chord distance = 27.48 feet for a curve length of 29.09 feet to a II2-inch iron rod with cap stamped ''WEISSER HOUSTON" set for the end of said curve; THENCE South 51038'45" West with a southwest line of said tract herein described, a distance of 12.75 feet to a II2-inch iron rod with cap stamped "WEISSER HOUSTON" set for a southwest comer of said tract herein described. located in the west line of said Lot 4 and the east right-of-way line of said South 4th Street; Exhibit "A" SOTl9 ACCESS nv I.doc OI/OllllO e e THENCE North with the west line of said Lot 4, with the east right-of-way line of said South 4th Street and with a west line of said tract herein described, at a distance of 10.00 feet pass the north line of said Lot 4 and the south line of said Lot 3 and continuing for a total distance of 35.00 feet to the POINT OF BEGINNING and containing 0.024-acre (1,051 square feet) ofland. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: 80779 (298-625) Date: 01/02100 Revisied 01/10/01 SWBT Job No.: LP2-D06~OO-2 RT #: 2121 Wire Center: LaPorte. Exhibit "A" SlI77' ACCllSS ...l.doG 01_ LOT 6 4 ~RACr 1 -", ...., -- CHAIN LINK S.W.B.T. CO. EASEMENT FOR I LOT 7-11 TELECOMMUNICATIONS i-It lJ FACIUTIES <,----~ I LOT 12-16 0.028 ACRE loR. (1,200 SQ. FT.) F'NO NOTE: AlL CORNERS ARE !L2" L~I~. C.rou~f~rEO UNLESS NOTED OlHERWlSE. BASIS OF BEARINGS: EAST LINE or LOTS 1-11 WEST FAIRMONT PARKWAY I" (60 R,O.W,) I" SCliili 1lRA. .... T"SfIti 2121 N.T.S. 1- R.M.A. iiiffi'" _CENIElI: 01/02/01 01 /10/01 LA PORTE - ~. EASEMENTS FOR TELECOMMUNICATIONS FACILITIES AND ACCESS THERETO I'lARRIS COUNTY, TEXAS PROPERTY OWNER: CITY OF LA PORTE __110. 50779 (298-625) s....T. _ NlI. LP2-D06-00-2 POWER POlE JYP. GUY WIRE 1 S.W.B.T. EASEMENT H.C.C.F'. NO. S 281579 F'ILM CODE NO. 6 511-48-3597 ~ O.P.R.R.P.H.C. ~ 0.014 ACR/ ~ ~ ,," q~/<f~ &t ... ""q5~' @ q,~~ ~~. ~cYc.9' ~. CITY OF' LA PORTE WEISSER VOL. 6~.~~b.=~. 2~ Engineering Co. LOTS 1-4 AND VOL. 2080. PG. 149 19500 Park Row, Suite 100 H.C.D.R. Houston. Texas 77084 LOTS 5-11 (281) 579 - 7300 - SOUTHWESTERN BELL TELEPHONE COMPANY ~ ,~ ;zj~ 1/2" loR. ~ _ (60~.W.) - ~ ci -J ~ 0 10 ...., I- W W D:: I- CII ::I: ~ ::I: I- ::;:) 0 CII ... N CONCRETE PARKING I PROPERTY LINE I FNO 1/2" I.R. WEST ffi.O..RCfs All IHAC ) FNO 1/2" loR.) NORTH 0.73') OJ I OJ (60 12:;' R.O.W.) ;- o Ii o e LOT 5 ., .TRACT 2 S.W.B.T. CO. EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACIUTIES . 0.021 ACRE (911 SQ. FT.) HUNTER TRACT 3 S.W.B.T. co. ACCESS EASEMENT 0.024 ACRE (1,051 SQ. FT.) >- W ...J ...J c( 10 .... b .P. CD NORTH o S 89.44'54- E o SOUTH o N 89.44'54- W @ S .89.44'54- E @ SOUTH J 30.00' 40.00' 30.00' 40.00' 65.00. 2.09' SURVEY o SOUTH @ N 89.44'54- @ NORTH @) 5 41'34'57- @R= 40.00' A= 75'46'27- L= 52.90' CH= 5 37.38'08- @ 50UTH @N 89'44.54- W @ NORTH @R= 25.00' /1= 66.40'24- L= 29.09' CH= N 33'05'08- @5 51.38'45- W @ NORTH @ 50UTH @ 5 89.44'54- E E W A-35 5.00' 25.00' 17.09' 15.06' KEY MAP :;808 E - 49.13' 12.09' 15.00' 12.09" W - 27.48' fo I- 12.75. iIi 35.00' I x LU 15.00' 25.00' e e TRACT I EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF TIlE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.028-acre tract being out of Lots 5 and 6, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots I-II Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot I of said Map of La Porte, located at the intersection point of the south right-of-way line of West" I " Street (60 feet wide) and the east right-of-way line of South 4th Street (60 feet wide), ftom which a II2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of-way line of said South 4th Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest comer of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records ofRea1 Property, Harris County, Texas; . THENCE South 89044'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a II2-inch iron rod with cap . stamped ''wEISSER HOUSTON" set for the southwest comer and the POINT OF BEGINNING ofsaid tract herein described; '. TIlENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line ofsaid Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a II2-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE South 89044'54" East with the north line of said tract herein described, a distance of 40.00 feet to a II2-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the northeast comer of said tract hCl"l'in described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a II2-inch iron rod with cap stamped ''WEISSER HOUSTON" set for the southeast comer of said tract herein described; TIlENCE North 89044'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.028-acre (1,200 square feet) ofland. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02100 Revised 01/10/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool \' " C Exhibit ..~' SO'/'lIl5ITB..... 01_ e ..... 1;1 III 'ROnSlIlIIRlIIIICI 11lI11C1S 11I1111. RIIIII. 01 USI 0' III DlSeRtlD 1m PlOIIRIIIIUUIf OrcOIOI 01 RACIS.1Il111D UIII'ORCUlll UIOII/lOIRIlIU. THE STATE OF TEXAS COUNTY OF HARRIS 1 III"., CI'" 11I1... i1lh_lllllIILEO II'" 11_'" S1Q11I1CIIIIII..1I W 111II1i1l III'" 11'11I1, II; 11'11I'''' RICORDIO.llt. OlkilIP.11ic IKlrl'I'IIIIPI',Ill/ 111..1is CIIlIII. '"" U e FEB 2 0 2001 . ~~~/ COUNTY CLERK HARRIS COUNTY. TEXAS e . ,\/. .... to" i\ .." ~"'.. 1\ J \:J};Y ~~>\ ~ TIlESTATEOFTEXAS ..1. " l188606_ e SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES COUNTY OF HARRIS ~ ~ ~ 02/20/01 300505082 U88~060 KNOW ALL PERSONS BY THESE PRESENTS: $21.00 THAT .THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA~- PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"). wherein GRANTOR, in consideration of the sum of TEN AND NOIIOO ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN ANI;) SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (herinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, under and within a tract of land described in Exhibit nA", and shown on Exhibit "B", said exhibits attached hereto and incorpol1ited herein by reference for all purposes. The easement granted herein ~ccupies part of GRANTOR's property located in Harris County, Texas (hereinafter referred to as the "Property"), and described as follows: Lots 4, 5 and 6~ Block 177 of the Map of La Porte, out of the 1. Hunter Survey, A-35, Harris j) County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deed~ recorded I Volume 2080, Page 149 and Volume 6098, Page 250 of the Official Pu~lic Records of Real Property, Ha~s County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of what~yer nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants ~nd reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 Job No. LP2-D06-00-212121 - 1 - e e (g) GRANTOR warrants that they are the owner of the Property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herejn stated. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic 'Waste contamination conditions applicable to the easement or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended and any contamination 'contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be soley liable thereof. GRANTQR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND ~ONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located North of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit '.'B" attached hereto. The herein granted temporary construction 'easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities , into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HA VB AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, . forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this J ~..J1- day of fe.-b. I , 20Qtf. CITY OF LA PORTE \\l1 By:Q~ -r: \~~ Name: v<o \"c.n..-\" t. t~ '(e,VC-- Title: C-L ~ yv\.r..\-I c.. ~ ert... 3 Job No. LP2-D06-00-212121 - 3 - e e (c) This easement is granted for the specific purposes of permitting GRANTEE to construct, op~rate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove such underground electrical and telephone, telegraph, signal and other telecommunications systems and lines, circuits, and conduits, together with such other underground appurtenances thereto, as GRANTEE, its successors and assigns, may from time to time require upon, across, over, ami under and within said easement; the right of pedestrian and vehicular ingress to and egress from the surface of the easement utilizing the surface of easement, the right to clear and keep cleared trees" brush, and all other obstructions from the surface and subsurface of said easement, subject to the exceptions stated herein; and, the right to install, maintain, and use gates in fences which cross said easement. (d) GRANTEE,. shall not have .the right to construct, build, install, maintain, have, or permit any above ground structures, facilities, apparatus, lines, installations, equipment, or appurtenances to any thereof, of any kind or character, on the surface of the easement hereby granted, except necessary route markers or signs. (e) GRANTOR, its successors and assigns, shall have the right'to use the surface and subsurface of the easement herein granted insofar as such use does not impair, interfere, with or obstruct the use of the easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and parking lots over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across and through, but not along, the ease.ment herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so . long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement for the purposes set forth herein. (f) Subject to the rights granted to GRANTEE as set forth herein, after the construction of . . GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such operations. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, plants, shrubs, bushes' and vegetation growing within the easement herein described, caused by GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of the easement. 2 Job No. LP2.D06.00-212121 - 2 - e e TRACT 2 EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.021-ACRE TRACT OF LAND OUT OF THE 1. HUNTER SURVEY, A.35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.021 acre (911 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.021-acre tract being out of Lot 5, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas and conveyed to the City of La Porte by deeds recorded in Volume 6098, Page 250 and Volume 2080; Page 149 of the Deed Records of Harris County, Texas. Said O.02I-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 of said Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot I of said Map of La Porte, located at the intersection point of the south right-of-way line of West" I " Street (60 feet wide) and the east right-of-way line of South 4th Street (60 feet wide), from which a II2-inch iron rod found bears North, a distance of 0.73 feet; THENCE South with the east right-of-way line of said South 4th Street, with the west line of said Lots 1-4, a distance of 100.00 feet to II2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer and the POINT OF BEGINNING of said tract herein described; THENCE South 89044'54" East with a north line of said tract herein described, a distance of 65.00 feet to a II2-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 12.09 feet to a II2-inch iron rod with cap stamped ''WEISSER HOUSTON" set for a southeast comer of said tract herein described; THENCE North 89044'54" West with a south line of said tract herein described, a distance of 40.00 feet to a 112-inch iron rod with cap stamped ''WEISSER HOUSTON" set for an interior comer of said tract herein described; THENCE South with an east line of said tract herein described, a distance of 5 .00 feet to a II2-inch iron rod with cap stamped ''WEISSER HOUSTON" set for a southeast corner of said tract herein described, located at the northeast corner of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by document recorded under Harris County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Harris County, Texas; THENCE North 89044'54" West with the north line of said Southwestern Bell Telephone Company easement and with the south line of said tract herein described, a distance of 25.00 feet to a II2-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the southwest comer of said tract herem described, located in the west line of said Lot 5 and the east right-of-way line of said South 4Th Street; Exhibit ~'A'. 50719 UND&RGKOUND.cIoc OIlll3JllO e e ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ ~ This instrument was acknowledged before meeon the 12 ~ day.of '"f.e 8. 200', by ~ 0 Aui' 1. Hen e (tt , i--kl /y) IW~ eo (' of City of La Porte. , MY COMMISSION EXPIRES - Jd11Yt'fl~ I)'. G.. J leff PIDNTED AMEOFNOTARY .~ ~ . ) '.. " C") \,\ ..." .n.._ "'" Ie,; ,..,., . :.;:::, ":."- . . I .:: 1-'''' OJ :..j ~h. N . .' ...~) a ':':;.'1. :.> .... -!'\ ,.11'\" ~ .;.TJ x': :::::l:: .~ ~, $'-~ ~ { r-... o:..-.l = " ""- ,- . m -::- CJ t.n m After recordine:. please return to: Kevin Stephenson . CONTRACT LAND STAFF 10701 Corporate Dr., Suite 215 Stafford, TX 77477 4 Job No. LP2-D06-00-212121 - 4 - e e THENCE North with the west line of said Lot 5, with the east right-of-way line of said South 4th Street and with the west line of said tract herein described, a distance of 17.09 feet to the POINT OF BEGINNING and containing 0.021-acre (911 square feet) ofland. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 lob No.: S0779 (298-625) Date: 01102100 Revisied 01110/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: LaPorte Exhibit "A" Sll779 UNDI!ROIOIIND.cIal: OIIllllllO NOTE: ALL CORNERS ARE W. ~R. WllH CAP ST AIIf'ED WEISSER. HOUSTON UNLESS NOTED OlHERWlSE. BASIS OF BEARINGS: EAST LINE or LOTS 1-11 WEST FAIRMONT PARKWAY I" (60 R.O"W.) ,. -.r: 11lIIA.. I~ I RTS1E: _ N.T.5. R.M.A. 2121 IIAIt; __ _ COl1[ll: 01/02/01 01/10/01 LA PORTE EASEMENTS FOR TELECOMMUNICATIONS FACILITIES AND ACCESS THERETO HARRIS COUNTY, TEXAS PROPERTY QWNER: CITY OF" LA PORTE lIlIEosst:._1IIl 50779 (298-625) 5.....T. _ IIQ. LP2-D06-00-2 POWER POLE (TYPo GUY WIRE -<1 S. W.B. T. EASEMENT H.C.C.f'. NO. S 281579 f'llM CODE NO. b 511-48-3597 !l O.P.R.R.P.H.C. Kl 0.014 ACR/ o?:'~ CITY Of' LA PORTE YOL. 6098. PG. 250 H.C.D.R. LOTS 1-4 AND YOLo 2080. PG. 149 H.C.D.R. LOTS 5-1 WEISSER Engineering Co. 19500 Pork Row, Suite 100 Houston, Texos 77084 (281) 579 - 7300 SOUTHWESTERN BELL TELEPHONE COMPANY r5 l~ ~~ 1/2" loR. :- >-- (6D~.W.) - == ci ~ Ei 0 CD ...... I- a...I a...I Et: l- V) :I: ~ :I: I- ::l 0 V) ~ or NO .... . - 0 j5lt) :J j5 ;" O:J.. 11I0 III LOT 5 Q,I .TRACT 2 S.W.B.T. co. EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACIUTIES .' 0.021 ACRE (911 SQ. FT.) >- a...I -J -J < CD .- LOT 6 4 'TRACT 1 "'-"', ..., -- OlAlN LINK S.W.B.T. co. EASEMENT FOR I lOT 7-11 TELECOMMUNICATIONS +-~ c, FACIUTIES <,-----re: I LOT 12-16 0.028 ACRE I.R. (1.200 SQ. FT.) FND TRACT 3 S.W.B.T. co. ACCESS EASEMENT 0.024 ACRE (1.051 SQ. FT.) FND 1/2" loR. i' WEST It I" (60'. R.O"W.) d iii ffioOoCf b ALL TRAC S) :!!. FND .J{2" loR.) NOR 0.73') - 12:;' b .P. ,. J CD @ 0) o @ @ NORTH S 89.44'54" E SOU TH N 89.44'54- W S 89.44'54" E SOUTH HUNTER 30.00' 40.00' 30.00' 40.00' 65.00' 2.09' SURVEY o SOUTH @N 89.44'54" @ NORTH @ S 41.34.57" @R= 40.00' 6= 75"46'27- L= 52.90' CH= 5 37"38.08" @ SOUTH @ N 89.44'54- W @ NORTH @R= 25.00' 6= 66"40'24- L= 29.09' CH= N 33"05'08- @S 51.38'45" W @ NORTH @) SOUTH ~ls 89"44'54" E E W A-35 5.00' 25.00' 17.09' 15.06' KEY MAP 5BDB E - 49.13' 12.09' 15.00' 12.09' in W - 27.48' I- 12.75' CD 35.00' J: x w 15.00' 25.00' e 1V ~ ..monsDI.IIII INIC'.UIlClIlKf IlLl. Rlllll.OI UlI 01 INI OIlCIIIO IIll PlOIIIIl IICIVN Of COIOIO. UClIIIlIIlUO UIIIIOICUIII UIOIIIIOIIIlUI. THE STATE OF TEXAS COUNTY OF HARRIS 1 11I11" 1I1111 11I1 IIi Ilh...II.. fUD llfl. 1...., StQIIICIII III .._ ....111I.. 1,.,.111111I1'11:11'''' '",IICOIOIO. _ .1 Ollci"lllc .Klrllll.II""/11l) II llIliI CII"'. hU"1 e FEB 2 0 2001. ~6f~k.c~/ COUNTY CLERK HARRIS COUNTY, TEXAS e , c -~~. ,y ~i X)\j' IV ~ U886061. e e 02/20/01 300505083 U88LOL1 SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT FOR TELECOMMUNICATIONS FACILITIES S19.00 i( ..........THESTATEOFTEXAS ,- COUNTY OF HARRIS ~ ~ ~ KNOW ALL PERSONS BY THESE PRESENTS: THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF LA PORTE, [hereinafter referred to as "GRANTOR" (whether one or more)], and~ SOUTHWESTERN BELL TELEPHONE COMPANY, 14575 Presidio Square, Suite 230, Houston, Texas 77083, (hereinafter referred to as "GRANTEE"), wherein GRANTOR, in consideration of the sum ofTEN AND NOll 00 ($10.00) UOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by t~ese presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE~ its associated and allied companies and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE")~ a permanent easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, above, under and within a tract of land described in Exhibit "A" and shown on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Harris County, Texas, (hereinafter referred to as the "Property") and described as follows: . Lots 4,5 and 6, Block 177 of the Map of La Porte, out of the J. Hunter Survey, A-35, Harris n County, Texas recorded by plat in Volume 58, Page 460 of the Deed Records of Hairisj/ County, Texas and conveyed to the City of La Porte by deeds recorded I Volume 2080: Page 149 and Volume 6098, Page 250 of the Official Public Records of Real Property, Harris County, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: (a) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and against . . any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, or any other persons acting under its control. . (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulfur, and mineral lease or leases, unitization agreem~nts, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Harris County, Texas which affect the easement. 1 Job No. LP2-I)06-00-2/2121 . e (c) This easement is granted for the specific purposes of permitting Grantee to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace and remove . such above ground and underground electrical, telephone, telegraph, signal and other communications facilities, cables, lines, circuits, and conduits, repeater huts, subscriber loop carrier repeater huts, buildings/structures housing telecommunication facilities, digital subscriber loop cabinets/structures housing said telecommunications facilities, and fiber optics repeater huts, together with such above ground and underground appurtenances thereto, as Grantee may from time to time require upon, over, across, above, under and within the easement; the right of ingress and egress to the' easement using the surface of the easement and all reasonable routes across the Property, including but not limited to the right to use all existing and future roads, drives, streets, parking lots, entrances and exits and all other paved areas of the Property; the right to pave and to park vehicles on the surface of the easement; the right to drain or sheet flow storm water runoff from the easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property; the right to clear and keep cleared trees, brush and all other obstructions from the surface and subsurface of the easement; the right to install, maintain and use gates in fences which cross the easement; the right to fence the easement; and the right to pave the surface of the easement for parking purposes and to construct roads, streets and drives upon the easement; the right to raise the surface grade of the easement by placing dirt, fill and/or other materials of GRANTEE's so that the surface grade of the easement can be raised above the level of the flood plain. (d) Subject to the rights granted to GRANTEE as set forth herein, including, but not limited to the right .to pave the surface of the easement, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior 'to such operations. GRANTEE shall pay GRANTOR for any damages, other than damages to trees, plants, shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees or persons acting under its control, during such opera~jons. GRANTOR hereby acknowledges receipt of payment in full by GRANTEE for all claims, losses, or damages to trees, :, plants, shrubs, bushes and vegetation growing within the easement herein descri~ed, caused by . . GRANTEE, its employees, or any other persons acting under its control, during GRANTEE'S use of easement. . (e) GRANTOR warrants that it is the owner of the Property occupied by the easement granted herein and that it has the right to make this conveyance and receive payment therefor. GRANTOR covenants th~t GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents that it has no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to either the easement or GRANTOR's property described herein, including but not limited to 2 Job No. LP2-D06-00-212121 e e "hazardous' substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material Transportation Act, as amended. (f) GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon. over, across, under and within a tract of land located North and East of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto.' The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, ,together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE,' its successors and assigns, forever; and GRANTOR does hereby bind itself, and its successors and assigns, to warrant and forever defend all and singular the easement unto GRANTEE and its successors and .assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this -1 :h-ff- day of pe 13. I . 200jY. CITY OF LA PORTE \Gl ',.BY@J,J T: ~~ ~ame: ~,o b -e .1..:1" T. tte ~(t e a ~ Title: C\'~lj '(Y\ c--.-J cr-j e (L .. ~W ';;: 'S ,.,'1 ... ";,? I:; , 1 "f.:':; !~\., ... {/'; \:~~~:~ . .. '\ ::" .~ ~! I.~: :.\ ...=;t.:.:~ ,,:, : ~ ~".1 t 'i .:," t.. .: ..~ ~.;:.~' ::; -. t~\a .~ .;n I ,..., c;: c:.~ -. ,., '""11 co "'> o -11 r._ f- ITI o :ra. =J: - - .. en (':T\ 3 Job No. LP2-D06-00-212121 e e ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ ~ This instrument was acknowledged before me on the I ~-H-- day of Pot /J~ , 200', by _e..O(J)42l -t '1. ~.~ rf< III , tl.L.t, M./J. naljP r of City ofla Porte. I MY COMMISSION EXPIRES After recordine:. please return to: Kevin Stephenson Contract Land Staff, Inc. 10701 Corporate Dr., Suite 215 Stafford, TX 77477 4 Job No. LP2-D06-00-212121 . . ~tm&C~~{~R SAID COUNTY .JY1fl tmA. %h' tt PRINTED N E1>F NOTARY e e TRACT 1 EASEMENT FOR TELECOMMUNICATIONS FACILITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of lend containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Harris County, Texas. Said 0.028-acre tract. being out of Lots 5 end 6, Block 177 of the Map of La Porte as recorded by plat in Volume 58, Page 460 of the Deed Records of Harris County, Texas end conveyed to the City of La Porte by deed recorded in Volume 2080, Page 149 of the Deed Records of Harris County, Texas. Said 0.028-acre tract being more particularly described by metes end bounds as follows: (bearings called in the following description are based on the west line of said Lots 1-11 Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot 1 of said Map of La Porte, located at the intersection point of the south right-of-way line of West" I " Street (60 feet wide) end the east right-of-way line of South 4th Street (60 feet wide), from which a 1/2-inch iron rod found bears North, a distence of 0.73 feet; . THENCE South with the east right-of-way line of said South 4th Street, with the west line of said Lots 1-6, a distance of 142.09 feet to en engle point, located at the southwest comer of en existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Compeny by document recorded under Harris County Clerk's File No. S 281579, Film Code -No. 511-48-3597 of the Official Public Records of Real Property, Harris County, Texas; THENCE South 89D44'54" East with the south line of said Southwestern Bell Telephone Compeny easement, a distance of 25.00 feet to a 112-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the southwest comer end the POINT OF BEGINNING of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement end with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 end the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE South 89044'54" East with the north line of said tract herein described, a distance of 40.00 feet to a 112-inch iron rod with cap stamped ''wEISSER HOUSTON" set for the northeast comer of said tract herein described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 end the north line of said Lot 6 end continuing for a total distance of 30.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southeast comer of said tract herein described; THENCE North 89044'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNING end containing 0.028-acre (1,200 square ~~~ ; Compiled By: Job No.: S0779 (298-625) Date: 01102100 Revised 01110/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool Weisser Engineering Company 19500 Park Row, Suite 190 Houston, Texas 77084 . Exhibit "A" SOTlllSlTll.dac 01_ r-5 l~ ;;zr (') 1/2. loR. 60 R.O.W. - ~ ci a: '0 U) ........ 1--= L.J L.J a:: I- en ::I: 0- I- ~ ::I: , I- ;:) 0 en TELEPHONE - CABLE MARKER S.W.B.T. EASEMENT GUY WIRE H.C.C.F. NO. S 281579 ~MCODE on I ~ 511-48-3597 !l O.P.R.R.P.H.C. 0.014 ACR/ # <3 POWER / POLE (TYP. BASIS or BEARINGS: EAST LINE or LOTS 1-11 NOTE: ALL CORNERS ARE ~2. ~R. WITH CAP STAll D WEISSER. HOUSTON UNLESS NOTED OlHERWlSE. WEST FAIRMONT PARKWAY (60' R.O.W.) 1. LOT 6 4 :rRACT. 1 -, CHAIN UNK "S.W.B.T. CO. EASE"ENT FOR I LOT 7-11 TELECO....UNICATIONS +--ll c, FACIUTIES s---~- I LOT 12-16 0.028 ACRE loR. (1.200 SQ. FT.) FND 1. I.R. CONCRETE PARKING LOT 5 SI:M!: iA1i: 01 N.T.S. 02/01 IllWm 01 R.M.A. 0/01 RT5IlCi 2121 - cUUP: LA PORTE __ ... NO. S0779 (298-625) 1...8. T. ... 110. LP2-D06-00-2 SURVEY (2) SOUTH @ N 89.44'54- @ NORTH @ S 41.34'57- @R= 40.00' tJ= 75.46'27n L= 52.90' CH= S 31"38.08- @ SOUTH @ N 89.44'54n W @ NORTH @R= 25.00' tJ= 66.40'24- L= 29.09' CH= N 33.05'08- @S 51.38'45- W @ NORTH @ SOUTH @S 89.44'54- &.I IlIA.. SOUTHWESTERN BELL EASEMENTS CITY OF LA PORTE YOLo 6098. PG. 250 H.C.D.R. LOTS 1-4 AND YOL. 2080. PG. 149 H.C.D.R. LOTS 5-1 TRACT 3 S.W.B.T. CO. ACCESS EASE"ENT 0.024 ACRE (1.051 SQ. FT.) PROPERTY OWNER: BY; TELEPHONE COMPANY FOR TELECOMMUNICA TIONS FACILITIES AND ACCESS THERETO HARRIS COUNTY, TEXAS CITY OF LA PORTE WEISSER Engineering Co. 19500 Pork Row, Suite 100 Houston, Texos 77084 (281) 579 - 7300 E W - 27.48' 12.75' 35.00' 15.00' 25.00' " KEY MAP 58DB 49.13' 2.09' 5.00' 2.09. in = I- iD :r; X L.J I PROPERTY UNE I FND ..R. WEST ~.O.C. .) ALL TRACTS FND 112" I.R.) NORTH 0.73') 1/2" II In 125' (60' R.O.W.) ;- d a: 1::0 e >- L.J ...J ...J c( U) ... b .P. J CD NORTH @ S 89.44.54. @ SOUTH @N 89.44'54. @ S 89.44.54" @ SOUTH W E E HUNTER 30.00' 40.00' 30.00' 40.00' 65.00' 2.09' E W A-35 E 5.00' 25.00' 7.09' 5.06' ~ e "", .-.":::~ ~.~.' S[:'j,: '.~ -:..,. . '. ",' ~.: ;. ';'~:~~:'{.:~: ", '::.~::'~l~::;- ~: :' t" '~:,,:.: . " .' ::~~\f.:" t ",. .... ...:".-' i :::' ;:~ ,;";:.:.' . '~/" " . :. ".~~:::-:'~~': r. . ". .,',.. .~:~:~t::.:.; . ,', .";, ", ~ , . .. " ....... ," . :~:'I ~::.' ,'. ;,...... o. :, ",: "(:".::!-', . .:'~ ~ . . ..... .::i.:'..:' e AI ,..iI'l 11111 lib I"'ICII III IIILlIIIII.OIIII " IIIIIICIUI.11l /lollln IICUIl" CUI OIUCIIIIUIU 1I\1101C11IU IIIP 111I111 UI. THI STATE OF TEXAS 'COUNTY OF HARRIS . .......... ad... ........ III IlII ~ I~ ..... ......,.. .. .... III II III lot "",. ~..I, Ie'" I. .....IcaUI..... 00dd'", .... ~"~,,,,,~I" C.... ...... :," :. ~ e ::.. ,- ,. . -. ~'. :.. . . . . .1, .0' .... . .',;' " . ,. " . J";' .~ " '. ", . ":?' .....~.:: ..' "'.J I "'.0. '. . . .... .. . : " "/: ....J.; . .:( :~.;'; .: "~~..r:':'" ; . .' FEB 2 0 20DI ~~~~~/ CClUHTY ClERK iwllllS COUNTY. TEXAS .. e e TRACT I EASEMENT FOR TELECOMMUNICATIONS F ACll.ITIES DESCRIPTION OF A 0.028-ACRE TRACT OF LAND OUT OF THE J. HUNTER SURVEY, A-35, HARRIS COUNTY, TEXAS Being a tract of land containing 0.028 acre (1,200 square feet) out of the J. Hunter Survey, A-35, Hams County, Texas. Said 0.02S-acre tract being out of Lots 5 and 6, Block 177 of the Map of La Porte as recorded by plat in V olwne 58, Page 460 of the Deed Records of Hams County, Texas and conveyed to the City of La Pone by deed recorded in Volwne 2080, Page 149 of the Deed Records of Hams County, Texas. Said 0.028-acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the west line ofsaid Lots I-II Map of La Porte) COMMENCING FOR REFERENCE at the northwest comer of Lot I of said Map of La Porte, located at the intersection point of the south right-of-way line of West" I .. Street (60 feet wide) and the east right-of-way line of South 41h Street (60 feet wide), from which a II2-inch iron rod fowid bears North, a distance of 0.73 feet; THENCE South with the east right-of-way line of said South 41h Street, with the west line of said Lots 1-6, a distance of 142.09 feet to an angle point, located at the southwest comer of an existing 25-foot by 25-foot easement for Telecommunications Facilities conveyed to Southwestern Bell Telephone Company by docwnent recorded under 'Hams County Clerk's File No. S 281579, Film Code No. 511-48-3597 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 89044'54" East with the south line of said Southwestern Bell Telephone Company easement, a distance of 25.00 feet to a II2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the southwest comer and the POINT OF BEGINNlNG of said tract herein described; THENCE North with the east line of said Southwestern Bell Telephone Company easement and with the west line of said tract herein described, at a distance of 17.09 feet pass the north line of said Lot 6 and the south line of said Lot 5 and continuing for a total distance of 30.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northwest comer of said tract herein described; THENCE South 89044'54" East with the north line of said tract herein described, a distance of 40.00 feet to a II2-inch iron rod with cap stamped "WEISSER HOUSTON" set for the northeast comer ofsaid tract herein described; THENCE South with the east line of said tract herein described, at a distance of 12.91 feet pass the south line of said Lot 5 and the north line of said Lot 6 and continuing for a total distance of 30.00 feet to a 112-inch iron rod with cap stamped "WEISSER HOUSTON" set fo.r the southeast comer of said tract herein described; THENCE North 89044'54" West with the south line of said tract herein described, a distance 40.00 feet to the POINT OF BEGINNlNG and containing 0.028-acre (1,200 square feet) ofland. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: S0779 (298-625) Date: 01/02/00 Revised 01110/01 SWBT Job No.: LP2-D06-00-2 RT #: 2121 Wire Center: Liverpool \' " C Exhibit "II' SII1l9 SIT&.doc 01_ . .' continue to expand our network. These struc- tures enable us to deploy the latest technology diJ'ectly into a neighbor- huod. Through the multiplexing of many lines over an ~ / The use of Remote Terminal Buildings. like the one shown here. allo\\-s Southwestern Bell to existing copper cable, or through the use of small fiber cables, these build- ings enable LIS to provide customers with the most reliable seJ"iice and the most efficient use of rate dollars. ,(;K~ -.. .. ,.' ~.... .'. ......-.. ~:'-~;. ~ 0_", ...,.,.. ..,...... : - ~ l . ~ ~ . {'I _ .- - ~ - ' , , ~ ~ ..,' '.." , G '- ~ ~ ., ... ~.- , e e .lllIl SIFDY _IIISIIIIIE.En AGREEMENT to be effective the 1st day of March, 2001. between the CITY OF LA PORTE. TEXAS. hereinafter referred to as. "User" . and the CITY OF PASADENA, TEXAS. owner of a conventional 800-Mhz data communications system. and a tnmked 800-Mhz public safety radio system. as duly licensed by the Federal Communications Commission, hereinafter referred to as "OwnerlLicensee". RECITALS i WHEREAS, OwnerlLicensee has a conventional 800-Mhz data communications system and a trunked 8oo-Mhz ,. Public Safety radio system and ID duly licensed by the Federal Communications Commission ("FCC") for operation of same; and WHEREAS, OwnerlLicensee desires to accommodate additional mobile data units and/or additional radio units for use on its 8oo-Mhz Public Safety communications system under a ~ plan of such system; and WHEREAS, User desires to utilize the ownerlLicensee's communications system to commuriicate among its various mobile data and/or ~o wiits through its primary dispatch system; and WHEREAS, the governing body of the OwnerlLicensee has duly authorized this Agreement; and WHEREAS, the governing body of the User has duly authorized this Agreement; WHEREAS, this Agreement is made pursuant to and lmder the provisions of Chapter 791 of the Texas Government Code; FOR AND IN CONSIDERATION OF the mutual promises, obligations and benefits hereinafter set forth, OwnerlLicensee and User hereby agree as follows: 1. DEFINITIONS Primary Dispatch ~stem A communications system upon which USER, its agents. employees or assignees rely first each time that it desires to or attempts the engagement of radio communications or radio transmissions of energy among its radio units. Radio Svstem . A trunked 8oo-Megahertz Public Saf'eW Radio System owned by The City Of Pasadena, Texas. and licensed by the FCC that enables the management of radio communications or radio transmissions of energy via radio units in accordance with technical specifications. Radio Unit Mobile, stationary or portable radio communication units communicating among themselves at certain air wave frequencies. ~stem Code Identification Number An. identification nmnber that allows radio units to gain access to the Radio System thereby enabling the radio units to communicate among themselves at certain airwave frequencies. Priority Access An. assigned level of system access which determines the choice of access to the radio system between two or more units seeking use simultaneously. Page I of5 The City Of Pasadena, Texas Communications User Agreement " , e e 2. OBllGATlONS OF OWNERlLICENSEE , OwnerlLicensee agrees that during the term of this Agreement it may: a. Allow User to have access to its Radio System to engage in radio communications among its radio units as a Prim8I}' Dispatch System. b. Provide to User a System Code Identification Number that will access OwnerlLicensee's radio system thereby providing a Prim8I}' Dispatch System for the following Dumber ofradio units provided by User: ; .. TYPE POllCE FIRE OTHER . Mobile Units Portable Units 12 TOTAL 12 c. Observe and abide by all applicable statutes, laws, ordinances, rules and regulations, including but Dot limited to those of the FCC. d In the event User Dotifies OwnerlLicensee pursuant to paragraph 3 (b) below that any one or more of its radio units listed herein have become lost or stolen, OwnerlLicensee may elect to take any and all steps reasonable or necessary to prevent such lost or stolen radio units from gaining access to the Radio System. e. Provide a matrix to qualitY and assign system priority, based on projections for multi-agency responses to critical incidents. f Should it be Decessary for the User to utilize a hard-wire connection between the Mobile Data Messaging Switch and their main computer or communications center, the OwnerlLicensee agrees to allow the User to make the necessary connections so log as any such connections do Dot adversely affect the operation of the existing CADIMDT system(s). The OwnerlLicensee will Dot assume any financial responsibility for additional hardware or software programming that may be deemed necessary in order to accomplish the desired hard-wire interface. 3. OBUGATlON OF USER a. Assmne responsibility for providing the radio units listed in paragraph 2 (b). above, that will have access to the Radio System. Furthermore, should User desire to increase, decrease or otherwise change the number or types of f'adio units listed in paragraph 2 (b), that have access to the Radio system, User shall make a written request to OwnerlLicensee for such change. Upon the appl'Q'Val by a city official designated to evaluate the request. User may effect such change in the nmnber of types of radio units accessing onto the Radio System. A service charge will be assessed for each addition to the system, and for each change in status that requires programming or reprogramming of the radio unit or units. Each annual term that this A~ent remains in effect, User may ~ entitled to increase the Dumber of radio units acCessing onto the Radio System by the addition of up to forty (40) additional radio units. OwnerlLicensee expressly reserves the right to refuse any further requests for change in the number or types of radio units accessing onto the Radio System. Page 2 of 5 The City Of Pasadena, Texas Communications User Agreement " e e , b. In the event that any one or more of the radio units listed in paragraph 2 (b) above becomes lost or stolen, User agrees to notify ownerlLicensee of same within twenty-four (24) hours that User knows or has reason to know that.such radio units or units have become lost or stolen. c. Use the System Code Identification Number described herein to access OwnerlLicensee's radio system as a PrimaIy Dispatch System. ,I d To observe and abide by all applicable statutes, laws, ordinances. roles, and regulations, including but not limited to those of the FCC. e. Recognize that applicable FCC and other statutes, laws, ordinances, rules and regulations may change from time to time and that accordingly, ownerlLicensee, in its sole discretion, has the right without liability to modifY this Agreement to comply with any such changes. 4. ASSIGNABn.rrY This agreement is a privilege for the personal benefit of User and User may not 'assign it in whole or in part to any other person or entity. 5. PAYMENT OF FEES User shall pay OwnerlLicensee a service charge in the sum of eight dollars and fifty cents ($8.50) for programming each radio unit added to the system, or for each change in status which requires programming or reprogramming of each radio unit . User shall pay OwnerlLicensee a System User Fee in the sum of ninety dollars (590.00) per year per voice transmitter unit and/or one hundred and twenty dollars (5120.00) per year, per data transmitter. The first payment shall be made by User within thirty (30) days from the effective date of this Agreement and shall be made annually thereafter. Each payment shall be for access provided during the twelve- (12) month period following payment The amount of payment due monthly shall be determined by multiplying the number of voice transmitter units, i.e., mobile, portable, & station, described in paragraph 2 (b) above, by $7.50, and by multiplying the number of data transmitters (MDT's) described in paragraph 2 (b) above, by 510.00. In the event the number of transmitter units herein increases during a pay period, User shall make prompt payment to OwnerlLicensee at the rate of 57.50 for each additional voice transmitter added during such payment period and/or 510.00 for each additional data transmitter. 6. REVISION OF FEES Owne:rlLicensee may at any time revise the annual user fees or service fees set forth herein by giving User written notice of the amount of the increase. Such increases will be tied to the User's prorate share of the increases in cost of operation, system expansion or enhancement Written documentation will be provided upon request to the User explaining the increase. 7. AUTOMATIC RENEWAI,TEBMINATION This Agreement will remain in full force and effect for a period of one (I) year from the effective date hereof and shall automatically extend for successive annual periods. Provided. further, that either OwnerlLicensee or User may terminate this Agreement at any time upon thirty (30) days advance written notice to the other party. This Agreement shall terminate immediately if the authorizations held by User or OwnerlLicensee are revoked by the FCC or its successor agency. In the event of termination as herein provided, all accrued and unpaid charges shall be due and payable fOI1hwith. Page 3 of 5 The City Of Pasadena, Texas Communications User Agreement e e i 8. NOTICES Unless otherwise provided herein, any notice, tender, or delivery to be given thereunder, by either party to the other, may be effected by personal delivery in writing, or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section OWNERlUCENSEE: USER: i " The City Of Pasadena Address: P.O. Box 3209 The City Of LaPorte Address: P.O. Box 846 City: Pasadena, Texas 77501 Attention: Cathy Lovemark, CIS Director City: LaPorte, Texas 77571 Attention: Richard E. Reft: Chief of Police Any such notice Shall be effective upon receipt, if delivered in person or upon actual deposit in an official receptacle of the United States Postal Service ifmailed as aforesaid 9. MODIFICATION OF AGREEMENT No modifications of this Agreement shall be effective unless it is made in writing and is approved and executed by the authorized representatives of the parties hereto. 10. COVERAGE User acknowledges that one hundred per cent (100%) coverage of any area, at all times. is improbable. There may be adverse propagation conditions such as short term, lDlpredictable meteorological effects and sky wave interference from distant stations that can interrupt the Radio System at times. Other causes beyond reasonable control of OwnerlLicensee may include, but are not limited to~ motor ignition, and other electrical noise that could be minimi7.ed by corrective devices at User's expense. Any surveys, studies, research, or any other measures taken to ensure the adequacy of coverage provided to User herein shall be the express responsibility of User. 11. DEFAULT If User fails to make any payment of any sum due, or fails to perfmm as required by any other provision hereunder, and continues in such failure for fifteen (15) days after written notice has been sent by OwnerlLicensee to User. the User shall be deemed in default under this Agreement In the event of default, OwnerlLicensee has the right to immediately terminate this Agreement, retain all payments made hereunder, and deny User any service provided by OwnerlLicensee Wlder this Agreement Each and all of the rights and remedies of OwnerlLicensee hereunder are cumulative to and not in lieu of each and every other such right and remedy and every right and remedy afforded by law and equity. Page 4 of 5 The City Of Pasadena, Texas Communications User ~greement r'I , e e. , 12. GENERAL This Agreement constitutes the entire agreement of the parties and supersedes all prior offers, negotiations and agreements. If any provision of this Agreement to any person or circumstance shall, at any time or to any extent be . held invalid or unenforceable, the remaindet of this Agreement shall not be affected thereby. This Agreement shall bind and inure to the benefit of all the respective heirs, personal representatives, successors and assigns of the parties hereto. EXECU1ED effective as of the date of the last execution/signature of this Agreement ; ,. OWNERlLICENSEE: USER: The City of Pasadena The City Of LaPorte B~: ~Obnny n CfiJc /YJ Slgnature.~~ Title: Date: .:2 - I , - 0 I BY: Robert Herrera Signature:CXJ.~ T.~ Title: City Manager Date: ^ -1 - 0 ~ Page 5 of 5 The City Of Pasadena, Texas _ Communications User Agreement