“The Texas Transportation Commission of the State of Texas has found and determined that it is necessary and convenient to run said highway adjacent to said hereinabove described tract of land, and that it is necessary to the design of said highway facility to acquire an easement for the purpose of opening, constructing, and maintaining a permanent drainage channel in, along, upon and across said hereinabove described tract of land; and the City of XXXXX, XXXXX County, Texas, has found and determined that it is necessary to acquire said drainage channel easement through these proceedings in eminent domain, pursuant to existing law, same to be paid for by said City, with title thereto vesting in the State of Texas, for the purpose of opening, constructing, and maintaining a permanent drainage channel in, along, upon and across said tract of land with the right and privilege at all times of having ingress, egress, and regress in, along, upon and across such property for the purpose of making additions to, improvements on, and repairs to the said drainage channel or any part thereof, and the right to remove from said premises and use, for highway purposes, any stone, earth, gravel, caliche or other road building material which may be excavated in the opening, construction or maintenance of said channel or drainage easement.”
The metes and bounds description used when a drainage easement is acquired should be a description of only the easement area acquired. When the substitute clauses above are used to acquire only a drainage easement, it will be necessary to make changes in some of the other forms to show that the purpose of the taking is for a drainage channel rather than for highway ROW.