Here, the plain language establishes the Sitterle Easement was granted for the purpose of building the Hardy Oaks roadway. The first paragraph of the Sitterle Easement expressly grants “a non-exclusive easement and right-of-way for . . . the 86' roadway known as ‘Hardy Oaks,’” as well as the right to construct underground electric, sewer, and water lines. Additionally, the third paragraph provides the grant is made “until the said easement and right-of-way shall be permanently dedicated by Grantor to the appropriate governing governmental authority and the said roadway known as Hardy Oaks is constructed thereon.”
Hopefully, the ruling will bring some relief to the traffic congestion plaguing Stone Oak!We conclude that the Sitterle Easement’s grant of the 86' roadway, and the identified rights of ingress and egress regarding pipes, cables, lines and appurtenances are consistent with the use for “road and street” purposes. See Harris Cnty. Flood Control Dist., 591 S.W.2d at 799. NEISD’s rights therefore include the uses necessary to carry out the purposes of the roadway, including construction of the roadway. Accordingly, the trial court did not err in granting Appellees’ motion for summary judgment.