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<br />I <br /> <br />PROVIDED THAT, no structure or building of any kind or character may be <br /> <br />constructed by GRANTOR on the area described in Exhibit "A" as Permanent Easement, and <br /> <br />no drilling, mining, exploration for or development of oil, gas and other minerals may be <br /> <br />conducted on the property covered by this easement by GRANTOR, or in such a way as to <br /> <br />interfere with the use thereof, except as may be provided below in the SPECIAL TERMS and <br /> <br />CONDITIONS. <br /> <br />TO HAVE AND TO HOLD the said easement in the PROPERTY, upon and subject <br /> <br />to the following SPECIAL TERMS and CONDITIONS, together with all and singular the <br /> <br />rights and appurtenances thereto in anywise belonging unto the GUADALUPE-BLANCO <br /> <br />RIVER AUTHORITY, its successors and assigns, for the purposes aforesaid, forever; and the <br /> <br />GRANTOR does hereby bind themselves, their heirs and assigns, to WARRANT AND <br /> <br /> <br />I FOREVER DEFEND all and singular. the said premises unto the GUADALUPE-BLANCO <br /> <br /> <br />RIVER AUTHORITY, its successors and assigns, against every person whomsoever lawfully <br /> <br />claiming, or to claim the same or any part thereof, when the claim is by, through or under the <br /> <br />GRANTOR, but not otherwise. <br /> <br />SPECIAL TERMS AND CONDITIONS <br /> <br />1. GBRA, and its successors and assigns, are hereby expressly given and granted <br /> <br />the right to assign this easement, or any part thereof or interest therein, and/or <br /> <br />rights granted hereunder, so that each assignee or owner shall have the full rights <br /> <br />and privileges herein granted to be owned and enjoyed in common or severally. <br /> <br />2. <br /> <br />GBRA, in constructing the water pipeline within said easement, will bury said <br /> <br />I <br /> <br />pipeline so that the top of same is at least five (5) feet below the surface of the <br /> <br />PIPELINE EASEMENT (Treated Water) 6/02 <br /> <br />Page 3 of7 <br />