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<br />Doc Bk Vol <br />e '14188 OPR 2003 <br /> <br />~~g <br />~.::.9 <br /> <br />but not be limited, to claims of personal injury, property damage, or nuisance. <br /> <br />Surface Improvements <br /> <br />Improvement and maintenance of the Grantee's facilities in the Easement Area, including <br />maintenance of existing improvements of the Grantee, shall be at the sole expense of Grantee. <br />Except as set forth herein, Grantee shall not have the right to construct any permanent building <br />structures on or over the surface of the Easement Area; provided, however, that nothing herein shall <br />preclude Grantee from installing meter vaults, valve boxes, access ports, or other improvements <br />necessary to the installation, operation and maintenance of the water and wastewater pipelines <br />authorized by this easement, so long as such improvements do not extend more than twelve inches <br />above ground level. <br /> <br />Additional Rights Reser\'ed <br /> <br />Grantor reserves the right to enter upon and use any portion of the Easement Area to the <br />extent such entrY and use shall not unreasonablv interfere with Grantee's use of the Easement i\rea <br />. . <br />as allowed herein. Grantor further reserves the right to grant additional easements over and across <br />(but not along unless separated by at least fifteen (15) feet) the Easement Area to such public and/or <br />private utilities as Grantor deems appropriate, to the extent such easements shall not unreasonably <br />interfere with Grantee's use of the Easement Area as allowed herein. <br /> <br />Assignments <br /> <br />This Easement shall not be assignable to any individual or privately owned business <br />organization without the express \vritten consent of Grantor, and any attempted assignment without <br />such consent shall be ineffective and void for all purposes. Use of the Easement Area by franchised <br />or certificated public utility providers, however, is permitted, subject to franchise and certification <br />requirements and Grantee's applicable ordinances. This Easement shall run with the land and shall <br />bind and inure to the benefit of Grantee and any successors or authorized assignees, and shall bind <br />and inure to the benefit of Grantor and Grantor's successors and assigns. <br /> <br />Restrictive Covenants <br /> <br />The following conditions apply to this transaction pursuant to Federal Court Order in Civil <br />Action No. 5281, United States v, Texas, in the United States District Court for the Eastern District <br />of Texas: <br /> <br />The further covenant, consideration and condition is that the following restrictions shall in <br />all things be observed, followed and complied with: <br /> <br />a. The above-described realty, or any part thereof, shall not be used in the operation of, or in <br /> <br />San MarcoS/De Zavala Road Easement <br />Easement Agreement - May 24, 2002 <br />Page3of7 <br />