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<br />ID'bl;'!;:!::IblO;'!~"t <br /> <br />a-Hu,c <br /> <br />r / 1.--:t. <br /> <br />SEP-2S-05 11,56 FROM,PRO TECH ENGINEERING <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />DRAFT. <br /> <br />GRANT, SELL AND CONVEY to Grantee, its successors and assigns, a perpetual easement and <br />right~f-way along, across, through, and within and over the Permanent Easement Strip, for the <br />purpose of placing, constructing, operating, repairing. maintaining, upgrading, replacing, <br />relocating, reconstructing. and removing one underground wastewater line appurtenances to be <br />used for transporting wastewater, and one underground waterline and appurtenances to be used <br />for transporting potable water, hereinafter referred to as the "Easement. T> <br /> <br />Grant of Temporary Easement: <br />It is further understood and agreed that Grantor also GRANTS. BARGAINS, SELLS AND <br />CONVEYS unto Grantee a temporary easement and right-of-way C'Temporary Construction <br />Easement") in co:::mection with the laying and construction of the wastewater line ('Wastewater <br />Line"). The Temporary Construction Easement shall allow Grantee to use the Temporary <br />Construction Permanent Easement Strip (defined below) to perform the construction of the <br />wastewater line as provided under the Easement granted above. The "Tempoouy Construction <br />Permanent Easement Strip" shall be a strip ofland 40' wide that is along, parallel to and <br />adjoining the P~anent Easement Strip as illustrated on the plat attached as Exhibit "Rn It is <br />understood and agreed that the Temporary Construction Easement shall expire upon the <br />completion of the construction of the wastewater line and restoration of the Permanent Easement <br />Strip and the Temporary Construction Permanent Easement Strip. which shall be completed <br />within 45 days of commencement of construction, and Grantee shall prepare and file at <br />Grantee's expense a release of the Temporary ConstructiOD Easement in the Official Public <br />Records of Hays County, Texas. <br /> <br />Reservations from Conveyance: <br />This conveyance is expressly made by Grantor and accepted by Grantee subject to the following <br />express covenants, conditions and reservations: <br /> <br />1. Grantor expressly reserves the right to the full use and enjoyment of the lands <br />within said Pennanent Easement Strip except as may be necessary for the <br />purposes herein granted. <br /> <br />2. Giantor expressly reserves the right to construct roads, curbing, utilities, sewer <br />and waterlines across the Permanent Easement Strip. <br /> <br />3. Grantor expressly reserves all oil, gas, and other minerals owned by Grantor, in, <br />on, and under the Easement conveyed herein, provid~ however, that Grantor <br />shall not be permitted to drill or operate for minerals on the surface of the <br />Permanent Easement Strip, but will be pennitted to extract oil, gas or other <br />minerals from and under the Permanent Easement Strip by directional drilling or <br />other means, so long as Grantee's use of the Permanent Easement Strip is not <br />interfered with or disturbed. <br /> <br />4_ <br /> <br />Grantor expressly reserves the right to pave with asphalt:. base or similar material <br />across the Permanent Easement Strip. Grantee agrees that any repairs to the <br /> <br />2 <br />