Res 1987-030 - Laserfiche WebLink

Home Browse Search

3. That any water or utility line placed within the easement area will be no less than 3' below the bottom ditch elevation as follows: Bottom Ditch Elevation, 608.40 ft. MSL at the point of beginning; THENCE, S. 60 deg. 47' E. 690.62 feet, ditch elevation is 602 ft. MSL. at which point bottom 4. That the Grantor herein shall have the right to tie into any such wastewater utility line (sewer line) or water line con- structed within said 20 foot wide public utility easement for the purpose of serving its adjoining property, with such tie-ins to be in accordance with the Ordinances of the City of San Marcos. 5. That Grantee shall not be responsible for the maintenance of said 100 foot wide drainage easement until the 100 foot wide drainage ditch has been completed and stablized in accordance with the plans previously approved by The City of San Marcos, Texas, and the acceptance of said completion and responsibility for maintenance of said 100 foot wide drainage easement has been acknowledged in writing by The City of San Marcos, Texas and such written acceptance has been recorded in the Real Property Records of Hays County, Texas. 6. All rights of the State of Texas in and to the property described herein by virtue of easement dated May 12,1928 and re- corded in Volume 176, Page 319 of the Deed Records of Hays County, Texas. TO HAVE AND TO HOLD the same perpetually to THE CITY OF SAN MARCOS, TEXAS, and its successors and assings, together with the right and privilege at any and all times to enter said premises along said 100 foot drainage easement line for the pur- pose of maintenance and erosion control of said 100 foot wide drainage easement and to enter said premises along said 20 foot wide public utility easement for the purposes of constructing, reconstructing and maintaining said water and waste water utility lines, provided that the use of such easement and entry upon Grantor's premises shall not interfere with Grantor's or its tenant's use of the premises. EXECUTED this 3c day of /ì , ,I L 1...1 (' '>-G e. {,- , 1985. BALKHOUSE ASSOCIATES By: By: i M. L. Balkhouse Properties, Corp., General Partner /Lø n A. Harrison, President The execution hereof is consented to by The Kroger Co., as Lessee of the premises over which this Easement is granted. THE KROGER CO. By: ~ ' Arthur Jue Group Vice c-...r'