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81733
UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF GALVESTON I
THAT, AMOCO PRODUCTION COMPANY, a Delaware corporation
with a permit to do business in Texas , and a post office address of
G
P. 0. Box 3092 , Houston, Texas 77001, hereinafter called "Grantor" ,
w �
id in for and in consideration of Ten Dollars ($10. 00) cash in hand paid
and other good and Oaluable consideration, the receipt and suffi-
cD
4=1 ciency of which is hereby acknowledged , does hereby GRANT and CONVEY
unto SUNMEADOW MUNICIPAL UTILITY DISTRICT, its successors and assigns ,
hereinafter called "Grantee" , a right of way or servitude to use in
common with Grantor, its successors or assigns , as well as the right
to construct , lay, maintain, operate, alter , repair and remove an
underground drainage conductor pipe together with manholes thereon
in a manner , size and specification as may be required by county , state
and/or municipal authorities and any other utility facilities , equip-
ment or appurtenances on, under and through but not above ground
except for manholes to be installed as required , generally at ground
level , said tract of land situated in Galveston County, Texas, more
specifically described in Exhibit "A" attached hereto and made a part
hereof for all purposes .
All rights of ingress and egress to and from said utility
easement shall be exercised along and within said right of way or on
existing or future roads as the same may, be established . •
The Grantee hereby agrees to pay for all damages to crops ,
trees , fences , pasturage and other property or rights which may re-
sult from Grantee' s operations hereunder , and Grantee specifically
agrees that before cutting any fences to properly brace and cross-
brace on both sides of the gap to be cut and after construction will
restore and rebuild such fences to as good or better condition as
they previously existed and will replace any fences destroyed during
the construction, maintenance, repair and removal of such utilities .
If such utilities pass near an existing house or houses or other
A CERTIFIED COPY
Attest: AUG 2 5 13,47
PATRiCI RITr E, County Clerk
Laly 76A(Toas
By Deputy
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buildings on any of the property described herein and if it is
necessary to remove any or all of said buildings or to modify same
in any manner, Grantee hereby agrees to bear the entire expense
incident thereto . Furthermore, Grantee agrees to pay for all
damages to cattle and all other 'animals as well as all other prop-
erty of persons who hold leases or other rights from Grantor and
Grantee agrees to obtain any and all necessary consents and releases . "1 �
at its own cost and expense from any and all tenants , lessees and
g
persons in possession of such property. Grantee also shall bury ^'
such utilities and all appurtenances so that the top thereof shall
be not less than forty-eight inches (48") below the existing surface
• of the ground . Grantee further agrees that , when digging the ditch
to construct or repair such utilities , it will separate the topsoil
from the subsoil as nearly as possible and, when backfilling said
ditch, to place the subsoil back in the ditch first and the topsoil
last .
Grantor retains unto itself , its successors , tenants , sub-
tenants , agents and licensees , the right to farm, graze, construct
ditches , canals , fences, electric light and power lines , water lines ,
gas lines , telephone and other utility lines and railroads , roads and
passageways over and across said easement and right of way and other-
wise to use and enjoyall of said premises , provided , however, Grantor
shall not exercise such use and enjoyment in a manner that will inter-
• fere with the rights herein granted .
Grantee agrees to fill and level said right of way and ease-
ment and , in general , to restore said land as nearly as possible to
its original contour and condition prior to construction of said
utilities , including cleaning up said easement and right of way and
removing all debris from the right of way and from the above described
property .
This grant is made without warranty of title or possession
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either express or implied and is made expressly subject to and sub-
ordinate to all leases whether or not of record, encumbrances' and
rights of third persons .
_2- A CERTIFIED COPY
Attest: A
Calvz ail o .nt as
By/ Deputy
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Grantee does hereby covenant and agree to indemnify and
hold Grantor free and harmless against any and all loss , damage,
claims , demands , suits , payments , costs and expenses , including court
costs and attorney ' s fees which Grantor may suffer , incur or pay or
CD
Cn to which it may be made liable including, but not limited to, any
O injury or damage to property, real, personal or mixed , or for per-
w ••"! sonal injuries , casualties , accidents or death resulting to any
Ili in.'
0 persons by reason of , arising out of , incident to , or in any way con-
nected directly or indirectly with the performance or exercise or
failure to perform or exercise any rights contemplated or operations
hereunder or the existence of said facilities , excluding only any
injury resulting from the negligence or willful acts of Grantor which
is the sole proximate cause thereof .
It is understood and agreed that this instrument does not
constitute a conveyance of any part of the land above described nor
of the minerals therein and thereunder , nor any hunting or fishing
rights , but grants only the right of way and easement herein speci-
fically described to the extent necessary to accomplish the purposes
of Grantee as herein expressed and any and all other rights are hereby
reserved to Grantor .
The easement and rightof way herein granted is not divisible
and may not be assigned in part , but may be assigned in whole upon
obtaining the prior written consent of Grantor to such assignment .
TO HAVE AND TO HOLD said right of way or servitude unto said
Grantee, its successors and assigns, until such utilities are cons-
tructed and then for so long thereafter as such utilities are main-
tained thereon, subject , however , to termination, extinguishment and
reversion in the event : (1) Grantee, or its assigns , fails to com-
mence construction of said utilities within two (2) years from the
date hereof, or (2) after completion of construction of said utilities ,
Grantee, or its assigns , fails to use said utilities for a period of
twelve (12) consecutive months and such failure is not the result of
force majeure or by order or direction of any duly constituted public
authority having jurisdiction of the subject matter.
A CERTIFIED aQ GY2 5 1997
Attest:
-3- PATRI" Il' unty Clerk
Galve tY
Deputy
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In the event of such termination of the rights herein
granted , Grantee shall have ninety (90) days after such termination
in which to remove all utilities placed on the premises by Grantee;
otherwise the same shall, upon expiration of such time period, become
the property of Grantor.
IN WITNESS WHEREOF, this instrument is executed and effective
as of 231.4_tiT�./ /S , 1973.
GRANTOR:
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AMOCO PRODUCTION COMPANY /./i?
A, iej i
Its Attorney-in-Fact
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GRANTEE:
ATTEST: SUNMEADOW MUNICIPAL UTILITY DISTRICT
BydleraW,WACI By
• Se etary P esident
THE STATE OF TEXAS X
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be the person who g
executed the foregoing instrument as Attorney-in-Fact for AMOCO $
PRODUCTION COMPANY, and acknowledged to me that he executed the same
for ' the purposes and consideration therein expressed, as the act and C.,
, deed of said corporation, and in the capacity therein stated . rr?
GIVEN UNDER MY HAND AND SEAL OF OFFICE this / 6 day of
Yfl 4-2 /� , 1973 .
ca...
,.u•.unrrrr'rin.
ti� ti,.r ,P,. Notary Public in and for
`r Harris County, Texas
• IRENE HP.LDAS
• Notary Pubf<c in and fog Narris County,Texas
r' My Commission Expires
c_ : STATE OF TEXAS ---
• COUNTY OF GALVESTON
BEFORE ME, the undersigned authority, on this day personally
appeared John C. Cather , President of Sunmeadow Municipal Utility
District , known to me to be the person whose name is subscribed to the
•foregoing instrument and acknowledged to me that he executed the same
for the purposes and considerations therein expressed , and as the act
and deed of said Utility District in the capacity therein stated .
)�, /�e VEN UNDER MY HAND AND SEAL OF 0 ICE this /..(W day of
J7/ , 1973 .
741-4
Notary Publi n and for
Galveston County, Texas
A CERTIFIED COPY
-4- • Attest: A U G 25 1997
PATRI IA ITC , ounty Clerk,
Galv to nt
By Deputy
t. v r•a
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EXHIBIT "A"
BaoK 2:351 MU 40
A right of way 25 feet in width situated in that certain
i tract or parcel of land containing 32 . 20 acres , more or
less , conveyed to Stanolind 0il and Gas Company by Harry
L. Martin, by Deed recorded in Book 579 , Page 86 in the
office of the County Clerk of Galveston County, Texas ,
said 32. 20 acres, more or less , being a part of the William
Henry Survey, Abstract No. 84, Galveston County, Texas,
said right of way being more particularly described as
follows :
BEGINNING at the most Easterly corner of the aforementioned '
32. 20 acre tract, more or less , said corner also being the
most Southerly corner of WINDSONG SUBDIVISION (unrecorded) ,
a subdivision of 207 . 227 acres of land in Galveston County,
Texas ;
THENCE N. 46° 14 ' W. , with the common line of said 32. 20
acre tract , more or less , and said WINDSONG SUBDIVISION, a
distance of 909. 56 feet to the most Northerly corner of said
32. 20 acre tract, more or less;
THENCE S . 43° 33 ' W. , along the northwesterly line of said
32. 20 acre tract, more or less, a distance of 25. 00 feet to
a point for corner ;
THENCE S . 46° 14 ' E. , a distance of 909. 78 feet to a point
in the southeasterly line of said 32.20 acre tract, more or
less, for corner;
THENCE N. 43° 03 ' E. , along said southeasterly line, a
distance of 25.00 feet to the PLACE OF BEGINNING and con-
taining 0. 5221 acres of land.
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A CERTIFIED COPY
Attest: AUG2 5 1997
PATRIC A -IT , ounty Clerk
Calvej:/ nty,
E;y ..` Deputy
81.733
FILED FOR RECORD'
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AMOCO PRODUCTION CO1
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GAL 114'STON COUNT) TEXAS
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