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HomeMy WebLinkAboutUTILITY EASEMENT (PORT OF HOUSTON AUTHORITY)othergoodandvaluableconsiderationstoitinhandpaidbyTHE CITYOFLAPORTEamunicipalcorporationdomiciledinHarris CountyTexashereinaftersometimescalledGRANTEEthe receiptandsufficiencyofwhichareherebyacknowledgedand confessedbyGrantorhasGRANTEDSOLDDEDICATEDANDCONVEYED andbythesepresentsdoesGRANTSELLDEDICATEANDCONVEYupon considerationofthesumofTENNO100DOLLARS1000and THATPORTOFHOUSTONAUTHORITYagovernmentalagency andbodypoliticdomiciledintheCityofHoustonHarris CountyTexashereinaftersometimescalledGRANTORforandin AuthorityandtheCityofLaPortedoherebyagreewitheach otherasfollows covenantsandagreementshereincontainedPortofHouston NOWTHEREFOREforandinconsiderationofthemutual agreestooperatemaintainrepairrenewandreconstructsuch sewerandwaterlinesandappurtenances constructasanitarysewerlineandapotablewaterlineand appurtenancestoserveitslesseesnorthandsouthoftheclosed sectionofNorthLStreetinLaPorteTexasanddoeshereby donatetotheCityofLaPortethesaidsewerandwaterlinesand appurtenanceswhichwillliewithintherightofwayandeasement hereindescribedand WHEREAStheCityofLaPorteacceptssuchdonationand 196882481 WHEREASPortofHoustonAuthorityhascontractedto KNOWALLMENBYTHESEPRESENTS x X X OF COUNTYOFHARRIS TEXAS ci t u t l tI111 f uJ cHI6 459736 Ia STATE 9G9 v UTILITYEASEHENT tI t96 88 248Z and subject to the conditions and stipulations hereinafter appearing unto Grantee a right of way and easement for the purpose of operating maintaining repairing renewing and reconstructing one a inch gravity flow sanitary sewer line and one a inch potable water line together with their appurte nances under along upon and across that certain piece parcel or tract of land which lies within the right of way of the closed section of North L Street on property now owned by Grantor in Harris County Texas as more particularly described as follows A tract of land in the Johnson Hunter Survey Abstract 35 t containing 0 5093 acres of land more or less out of that certain 59 6ll2 acre tract of land in the Nebraska Syndicate Subdivision conveyed to the Harris County Houston ShipChannelNavigationDistrictnowcalledPortofHouston Authority from the First National Bank in Houston and the Dredging Realization Corporation by deed recorded in Volume 2272 Page 473 of the Harris County Deed Records said 0 5093 acre tract of land being more particularly described as follows COMMENCING at a 1 1 4 inch diameter steel rod at the point of intersection of the west right of way line of Second Street and the north right of way line of North L Street said point being the southeast corner of Block 25 of the said Nebraska Syndicate Subdivision THENCE West along and with the said north right of way line of North L Street a distance of 642 00 feet to a point THENCE South a distance of 80 00 feet to a point said point being the POINT OF BEGINNING THENCE West along and with the south right of way line of North L Street a distance of 1 274 00 feet to a point for corner said point being on the east right of way line of Eighth Street THENCE North along the east right of way line of Eighth Street a distance of 20 00 feet to a point for corner THENCE East a distance of 450 00 feet to a point for corner 2 I e e 196 88 2483 THENCE South a distance of 4 00 feet to a point for corner THENCE East a distance of 824 00 feet to a point for corner THENCE South a distance of 16 00 feet to the POINT OF BEGINNING of the tract of land described herein contain ing 0 5093 acres more or less of land together with the right of ingress to and egress from said right of way for the purpose of operating maintaining repairing renewing and reconstructing Grantee s two pipelines aforesaid and materials therefor and appurtenant thereto and all other rights necessary or incidental to the use and enjoyment upon and subject to the conditions and stipulations hereinafter appearing of the easement and right of way hereby granted for the purposes hereinabove described Upon the breach of any of the said conditions or the abandonment of said easement and right of way whichever may first occur Grantee its successors and assigns at the option of Grantor and upon written request by Grantor shall remove therefrom said pipeline and all parts thereof and appurtenances thereto restoring said right of way as nearly as possible to its original condition This easement and right of way is granted and conveyed by the Grantor and is accepted and used by the Grantee upon and subject to the conditions hereinafter appearing each of which shall be construed as a condition and not as a covenant and without which and without the agreement of the Grantee to keep observe perform and be bound by the same this easement and right of way would not have been granted Said conditions are a that Grantee I s operations shall not constitute a public or 3 t e e 196 88 2484 private nuisance b that Grantee s installations under along upon and across Grantor s properties shall at all times be and continue conformable to plans and specifications acceptable to Grantor s Director of Engineering and c that Grantor shall have the right to construct roads railroads other underground or overhead pipelines utility lines and communication lines or other similar types of improvements on said parcel which improve ments shall not interfere with Grantee s right use or enjoyment thereof Grantor reserves the right at all times to make full use of the property covered by this easement and right of way provided such use does not unduly interfere with the exercise by Grantee of the rights and easement herein granted to it TO HAVE AND TO HOLD upon and subject to the aforesaid conditions and stipulations the above described easement and right of way and rights unto Grantee its successors and assigns until said easement and right of way shall have been abandoned and surrendered but upon the abandonment and surrender of said easement and right af way all rights herein granted shall term inate and revert to Grantor its successors and assigns cn rn f cD 0 cC ex 1 4 11II l lit e e 196 88 2485 IN TESTIMONY WHEREOF Grantor and Grantee have caused this instrument to be executed and their corporate seals hereunto affixed by and through their proper officers thereunto duly fL ALt day of APPROVED AS TO FORM al1 1981 CITY OF LA PORTE B @ J J Meza Ie PORT OF HOUSTON AUTHORITY IItL Executive Director R P Leach I J By 5 THE STAT OF TEXAtIt I ICOUNTYOFHARRIS 196 88 2486 BEFORE ME the undersigned authority on this day personally appeared J J Meza Mayor of the corporation above named CITY OF LA PORTE TEXAS known to me to be the person whose name is subscribed to the foregoing instrument and acknowl edged to me that he executed the same for the purposes and considerations therein expressed in the capacity therein stated and as the act and deed of said corporation GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 11 AI I 1981 0 BEFORE ME the undersigned authority on this day personally appeared R P Leach Executive Director of the corporation above named PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY TEXAS known to me to be the person whose nam is sub scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations th rein expressed in the capacity therein stated and as the act and deed of said corporation HAND AND SEAL OF OFFICE this the 6GIVENUNDERMY day of JML 1981 Return to City of La Porte P O Box 1115 La Porte Texas 77571 u f Harris County T E X A S Hattie Brisco Harrison 6 96B2487 e JAIa JArCOUNTYCLERK HARRISCOUNTYrEXAS SEP281981 IherebycertifythatthisInstrumentwasFILEDIn FileNumberSequenceonthedateandatthetimestamped horeonbymeandesdulyRECORDEDIntheOrtlclel PublicRecerdsofRealProperty01HarrisCountyTexasen t STATEOFTEXAS COUNTYOFHARRIS e t 1 x TTln On I I I C I rol Av lIt n lt I II I 7J ll 5 111171 TWX 110 88J 57H7 1 1I Box Ii lI IIl TO l x 77001 fiD aD ill Vfi1 aD I IHI CO 111 uJ1 aD RY U Vfi1 nn aD JE II ull1 W AI II r S Ol r DAVIS COllN1 September 16 1981 RE Agreement with the City of La Porte for th Donation pf Utility Lines and Issuance of a Right of Way and Eas enient for sucli Lines iii North L lr Str e et HAND DELIVERED City of La Porte Post Office Box 1115 La Porte Texas 77571 Attention John Joerns E gineeri g Dep artment Gentlemen Enclosed please find one fully eiecuted copy of the above mentioned agreement between the Port of Houston Authority and City of La Porte Thank you for your cooperation in this matter ASD hch Enclosure s RECJliT ACIQ LOWLEDmD I oJl 4Je e X CI ln O I ln r 1 1 CAPITOL AVI XUE nI Fl IIUo 71 l 5 0ml TWX l10 881 ii7H7 1 0 Bux ti 1I0IJSIOi TFx s 77001 IF aD ill t7Il aD IBl aD UY t71J aD UJ vrra HIT D ill 1 VJr Yf Al 1 1 1 s Oil D VIS COlINS 1 September 16 1981 RE Agreement with the City of La Porte for the Donation pf Utility Lines and Issuance of a Right pf Way and Eas emeIit for such Line s in North ilLStr e et HAND DELIVERED Ci ty of La Porte Post Office Box IllS La Porte Texas 77 S 71 Attention John Joerns Elgine erilg Dep artment Gentlemen Enclosed please find on fully eiecuted copy of the above mentioned agreement between the Port of Houston Authority and City of La Porte Thank you for your cooperation ln this matter ASD hch Enclosure s RECE 1PT ACKNJVJLEDGED I 14 id EXECUTIVE OFFICES 1519 CAPITOL AVE UE TELEPHONE 713 225 0671 TWX 910 881 5787 P 0 Box 2562 HOUlTO TEXAS 7700 IP aD ill VJr CD Th IB1 CD UJl I7fi1 aD U117fi1 IB1 CO ill II I7fi1 W All ENITA SUH I DAVIS COlrNS I Sep tember 16 1981 RE Agre ement with the City of La Porte for th Donation pf Utility Lines and Issuance of a Right of Way and Eas enien t fo r s 1idi Lilies Til No r th 1 Str eet HAND DELIVERED City of La Porte Post Office Box 1115 La Porte Texas 77571 Attention John Joerns Elgine erilg Dep artment Gentlemen Enclos ed please find one fully exe cuted copy of the above mentioned agreement between the Port of Houston Authority and City of La Porte Thank you for your cooperation n this matter ASD hch Enclosure s