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<br />singular
<br />
<br />unto
<br />
<br />-2-
<br />
<br />TO
<br />
<br />HAVE
<br />
<br />AND TO HOLD the said easement, together
<br />
<br />with
<br />
<br />all
<br />
<br />and
<br />
<br />the
<br />
<br />rights
<br />
<br />appurtenances
<br />
<br />thereto in anywise belonging
<br />
<br />and
<br />
<br />said
<br />
<br />its
<br />
<br />Grantee,
<br />
<br />assigns,
<br />
<br />and
<br />
<br />subject
<br />
<br />to
<br />
<br />the
<br />
<br />successors
<br />
<br />following conditions and reservations:
<br />
<br />of
<br />
<br />1.
<br />
<br />This conveyance is made subject to any and all outstanding
<br />easements, if any, covering the above described real property
<br />or any part thereof.
<br />
<br />2.
<br />
<br />This conveyance is made for the following purpose only:
<br />
<br />(a.)
<br />
<br />the installation, laying, construction, reconstruction,
<br />operation and maintenance by Grantee, its successors and
<br />assigns, of an underground telephone cable to be located
<br />upon the above-described real property in accordance with
<br />Exhibit "A" which is attached hereto and incorporated
<br />herein for all purposes;
<br />
<br />and in the event said easement premises or any part thereof is
<br />not used for said purpose at any time or is used at any time
<br />for any other purpose or if said underground telephone cable
<br />is permanently abandoned, then this conveyance shall be null
<br />and void and of no further force and effect and in such event,
<br />Grantee, its successors or assigns, shall execute and file an
<br />instrument abandoning said easement.
<br />
<br />3.
<br />
<br />Grantor for itself, its successors and assigns, reserves the
<br />right at any time to install, lay, construct, reconstruct,
<br />operate and maintain and to have installed, laid, constructed,
<br />reconstructed, operated and maintained drainage facilities and
<br />public utilities including water, wastewater and electricity
<br />in, along, across, through, under and over said easement
<br />premises, and said reserved right shall be superior to any and
<br />all rights granted herein, and should the exercise by Grantor
<br />of such reserved rights interfere with any rights granted
<br />herein, this easement shall immediately become null and void.
<br />
<br />4.
<br />
<br />Grantor reserves for itself, its successors and assigns, the
<br />right to the development, and the right to execute leases for
<br />the development of oil, gas and other minerals in said
<br />easement premises as well as in adjoining lands and may
<br />provide for directional drilling under the surface of the
<br />above-described easement premises from such adjoining lands.
<br />
<br />5.
<br />
<br />Should Grantee's use of the easement premises at any time
<br />interfere with Grantor's use of the same or any portion
<br />thereof as parkland, as dedicated to such use by Ordinance
<br />1974-30 adopted June 10, 1974 by the City Council of the City
<br />of San Marcos, Texas, this easement shall immediately become
<br />null and void.
<br />
<br />IN WITNESS WHEREOF, this instrument is executed this the
<br />, 1987.
<br />
<br />day
<br />
<br />City of San Marcos, Texas
<br />
<br />By:
<br />J.E. Younger, Mayor
<br />
<br />COUNTY OF
<br />
<br />THE STATE OF TEXAS
<br />
<br />Before Me, the undersigned authority, on this day personally
<br />appeared J.E. Younger, Mayor of the City of San Marcos, Texas,
<br />known to me to be the person whose name is subscribed to the
<br />foregoing instrument and acknowledged to me that he executed the
<br />same for the purposes and consideration therein expressed, and in the
<br />capacity therein stated and as the act and deed of said municipal
<br />corporation.
<br />
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