Res 2007-164 - Laserfiche WebLink

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e e Utility Easement Agreement This agreement, dated May 18, 2007, is between Texas State University-San Marcos (Grantor) and the City of San Marcos (Grantee), with offices at 630 East Hopkins, San Marcos, Texas 78666 Easement Granted 1 01 Permanent Easement. For valuable consideration received, Grantor grants to Grantee a nonexclusive permanent easement and right-of-way upon the Grantor's following described property in San Marcos, Hays County, Texas. All of the following 060 acre tract or parcel of land, (the "Easement Area"), situated within and being a portion of the N Hubbard Survey, Abstract No 230, in Hays County, Texas, and being a part of the remainder of that certain tract of parcel of land described as containing 275 5 acres in a deed to the State of Texas recorded in Volume 140, Page 320 of the Deed Records of Hays County, Texas, said 060 acre tract being more particularly described by metes and bounds in Exhibit "A" attached This exhibit is made a part of this easement for all purposes 1 02 Temporary Easement. In addition to the Permanent Easement, Grantor grants to Grantee a temporary easement and right-of-way in a strip of property forty feet (40') in width along and adjoining the Easement Area for use in installing and constructing the waterline (the "Temporary Easement Area") Grantee will coordinate its construction activities with Grantor and will cooperate so that its construction will not interfere with Grantor's activities on Grantor's property Grantee will give Grantor five days notice prior to entry on Grantor's property and will complete construction within 90 days after commencement of construction or by June 1, 2008, whichever occurs first. Grantee will not use the subject property as staging or parking area for the project beyond that required for the installation of subject waterline Grantee agrees to take measures as needed to insure that all construction related to the installation and construction of the waterline remains safe, including but not limited to fencing, if needed 1 03 Easement's Purpose. This easement, with its rights and privileges, shall be used for the sole purpose to construct, install, operate, maintain a waterline upon, over and through land that Grantor owns. a. Grantee will coordinate all its activities regarding the easement with Grantor and will cooperate so that its activities in the Easement Area do not interfere unreasonably with Grantor's activities on Grantor's property b For the duration of the Easement, Grantee shall have the right to cut and remove trees, undergrowth, and other obstructions on the Easement Area that may injure, endanger or interfere with the construction and use of the waterline Grantee shall not direct, maintain, place or leave any obstruction, fence, wall or barricade that would obstruct or hinder Grantor's use of the Easement Area. c. Grantee will bury its waterline to a depth that will permit Grantor to conduct normal operations on the land, including Grantor's right to construct, maintain, and use roadways for pedestrian and vehicular traffic 1 04 Inqress and Eqress. Grantee's right of ingress and egress is limited to the Easement Area described in Exhibit A and to the area immediately surrounding the Easement Area -1-