VISIBILITY TRIANGLE EASEMENT - Houston



DEDICATION TO THE PUBLIC OF UNOBSTRUCTED VISIBILITY EASEMENT

THE STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS:

COUNTY OF HARRIS §

THAT (name of Dedicator), a political subdivision of the State of Texas (“Dedicator”), being the owner in fee simple of the hereinafter described property located in Harris County, Texas, hereby dedicates to the Public an exclusive, unobstructed visibility easement, upon, across, over, and above that certain real property owned by Dedicator, containing (acreage) acres of land, more or less (the “Easement Tract”), said Easement Tract being more particularly described by metes and bounds in Exhibit “A,” attached hereto and made a part hereof for all purposes, such easement to be appurtenant to and for the benefit of those certain Harris County roads commonly known as (intersecting street names).

The exclusive easement dedicated hereby is for the limited purposes of providing unobstructed visibility and line of sight upon, across, over, and above the Easement Tract for those operators of vehicles and other members of the traveling public using (intersecting street names) and such other roads and thoroughfares as may benefit from an unobstructed view and line of sight upon, across, over, and above the Easement Tract together with the additional right to trim, cut, and remove all trees, bushes, shrubs, or other foliage and vegetation that intrudes into or may be located upon said Easement Tract that may obstruct the visibility of those operators of vehicles and those members of the traveling public using (intersecting street names).

The organized representative(s) of the public authorized by law to control, maintain, and supervise those roads and thoroughfares benefited by this unobstructed visibility easement (and to which this easement is appurtenant) shall have the right and privilege, but not the obligation, to enter upon the Easement Tract at any time and from time to time for the purpose of exercising thereon those rights and privileges granted pursuant to this dedication and for ingress and egress to and from said Easement Tract, subject to all provisions and conditions herein specified.

Dedicator expressly reserves the right to the use and enjoyment of the surface of the Easement Tract for such purposes as shall not unreasonably interfere with the use of the Easement Tract for purposes of an unobstructed visibility easement. For purposes of this dedication, uses of the surface of the Easement Tract that shall be deemed unreasonable shall in include, but shall not be limited to, the planting or installation of landscaping that obstructs or impairs the visibility or line of sight upon, over, across, and above the Easement Tract, the construction of houses, towers, buildings, walls, barriers, light staffs or masts, utility poles, and other structures of any kind or character (other than sidewalks, driveways and, ground level, uncovered parking). Dedicator further reserves the right to cross the Easement Tract with any and all roads, hike and bike trails, and other related public transportation facilities and structures or to grant to others these same rights.

This exclusive easement dedicated hereby shall be subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way, and easements of record affecting the Easement Tract.

To have and to hold in perpetuity, the above described exclusive easement for said purposes, together with all the rights and appurtenances thereto in anywise belonging or useful, to the Public, and Dedicator does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the easement and rights described herein unto the Public against every person whomsoever lawfully claiming or to claim the same or any part thereof, BY, THROUGH, OR UNDER GRANTOR, BUT NOT OTHERWISE.

[EXECUTION PAGE FOLLOWS]

EXECUTED this the ______ day of ____________, (year).

DEDICATOR:

(printed name of Dedicator)

By: __________________________________

Name:________________________________

Title: _________________________________

ACKNOWLEDGEMENT

THE STATE OF TEXAS §

§

COUNTY OF________ §

This instrument was acknowledged before me on this — day of__________ (year), by __________,__________of (name of Dedicator), on behalf of said school district.

__________________________

Notary Public in and for the

State of Texas

My Commission Expires: _______________

Upon recording, return to:

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