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<br />e.k Vol F'9
<br />06035974 OPR 3060 37
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<br />NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
<br />MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
<br />INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
<br />SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
<br />
<br />CITY OF SAN MARCOS EASEMENT
<br />
<br />Date:
<br />
<br />August 12., 2006
<br />
<br />Grantor: Roadhouse Holdings of Texas, Ltd., a Kentucky limited partnership, 6040
<br />Dutchmans Lane, Suite 400, Louisville, Kentucky 40205
<br />
<br />Grantee: City of San Marcos, Texas, 630 E. Hopkins Street, San Marcos, Hays County, TX
<br />78666
<br />
<br />Consideration: Ten Dollars ($10.00) and other valuable consideration.
<br />
<br />Easement Area: That portion of Lot 4-A, WEATHERFORD SUBDIVISION, according to the map
<br />or plat thereof recorded in Volume 9, Page 283, of the Map or Plat Records of Hays County, Texas,
<br />legally described on Exhibit "A" attached hereto and shown on Exhibit "B" attached hereto.
<br />
<br />Grant of Easement: Grantor, for the consideration, grants, bargains, sells and conveys unto
<br />Grantee, its successors and assigns, a perpetual easement and right-of-way for the purpose oflaying,
<br />erecting, constructing, operating, repairing, replacing, upgrading, enlarging, relocating and
<br />maintaining public utility facilities (including, without limitation, drainage, water, wastewater,
<br />natural gas, cable, electric, communications or other utility facilities) and any and all related valves,
<br />fittings, appliances, devices, manholes, vents, poles, guys, junction boxes, switches and any other
<br />appurtenances (the utility facilities and related appurtenances being referred to collectively as the
<br />"Utilitv Facilities"), upon, within, over, across, through and under the Easement Area, together with
<br />surface uses incidental thereto, including the free right of ingress and egress over and across the
<br />Easement Area, and the right to excavate and refill ditches and trenches for the construction, repair,
<br />replacement, upgrading, relocation, maintenance and operation of the Utility Facilities (the foregoing
<br />grant and rights being collectively referred to herein as the "Easement"), to have and to hold it to
<br />Grantee and Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs,
<br />executors, administrators, successors and assigns to warrant and forever defend this Easement to
<br />Grantee and Grantee's successors and assigns against every person whomever lawfully claiming or
<br />to claim the same or any part thereof.
<br />
<br />When the context requires, singular nouns and pronouns include the plural.
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<br />[SIGNATURE PAGE FOLLOWS]
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