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<br />e <br /> <br />THE CITY OF <br />SAN MARCOS <br /> <br />e <br /> <br /> <br />LETTER AGREEMENT <br /> <br />This Letter Agreement (the "Agreement") is made effective as OfthlS 26th day of <br />July, 2007, by and between Texas State University-San Marcos ("Grantor") and the City <br />of San Marcos, Texas ("City"). <br /> <br />WHEREAS, pursuant to a Utility Easement Agreement (the Easement) of even <br />date herewith between Grantor and City (copy attached hereto), Grantor has granted to <br />City certain rights to lands described in the Easement, and <br /> <br />WHEREAS, the parties desire to set forth their agreement with respect to the <br />consideration provided Grantor pursuant to the Easement, and to compensate Grantor for <br />damages sustained to Grantor's property as a result of the rights granted to the City <br />therein; <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and <br />adequacy of which are hereby acknowledged, the parties hereto agree as follows; <br /> <br />1. Subject to City Council approval, the City agrees to pay the sum of <br />$41,817.60 as the cash compensation including consideration and damages <br />paid for the easement [$1.60 X 26,136 square feet (0.60 acres)]. <br /> <br />2. Subject to full compliance by the City to the terms of this agreement, <br />Grantor consents to the future annexatIOn of the Easement area. It is <br />understood and agreed that the consent to annexation is restricted solely to <br />the easement area and not the parent tract in its entirety. <br /> <br />3. The City will use the procedures in Chapter 2260 of the Texas <br />Governmental Code to resolve disputes arising from this easement. <br /> <br />IN WITNESS WHEREOF, this instrument was executed as of the date first <br />written above. <br /> <br />Texas State University-San Marcos <br /> <br />v <br /> <br />L):eL'la_~ 1/ t1.-tLt.~ <br />William A. Nance <br />Vice President for Finance <br />and Support Services <br />Date: ~lJ/ t l <br /> <br /> <br />cl11 <br /> <br />Dan O'Leary <br />City Manager <br /> <br />Date: q (;2-11 ot- <br /> <br />Environment & Engineering Dept. 630 East Hopkins San Marcos, Texas 78666'512/393-8130.FAX 512/396-3796 <br />