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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
<br />YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
<br />FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
<br />RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
<br />NUMBER
<br />ROAD EASEMENT
<br />STATE OF TEXAS
<br />COUNTY OF HAYS §
<br />This Road Easement (the "Easement', dated the 15th day of July 2014, by
<br />and between City of San Marcos (hereinafter referred to as "Grantor ", whether one or more), whose
<br />mailing address is 630 East Hopkins Street, San Marcos, Texas 7$666 and ENTERPRISE TEXAS
<br />PIPELINE LLC, a Texas limited liability company with offices at 9420 West Sam Houston Parkway
<br />North, Houston, Texas 77064 and mailing address of P.O. Box 4324, Attn: Land Dept., Houston,
<br />Texas 77210 -4324, and its successors and assigns (such entity and its successors and assigns are
<br />collectively referred to as the "Grantee ").
<br />For TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL,
<br />TRANSFER and CONVEY to Grantee, subject to the terms and conditions stated herein, a non-
<br />exclusive right of way and easement twenty four feet (24� wide to construct and maintain a road for
<br />ingress and egress over, and across Grantor's property more particularly described on the attached
<br />Exhibit "A" (the "Road ") for the purpose of accessing Grantee's adjacent land. Grantee expressly
<br />acknowledges and consents to Grantor's granting of permission for CenterPoint Energy to locate a
<br />natural gas pipeline and related facilities within the Road whether by easement or otherwise,
<br />provided such gas pipeline and related facilities will not obstruct the access through the Road, except
<br />during periods of construction, repair and maintenance.
<br />Grantee shall use the Easement solely for the purposes specified in this Easement. This
<br />Easement is provided for the purpose of Grantee and its employees, designees, contractors,
<br />successors and assigns, and all those acting by or on behalf of it. Grantee agrees to pay for any and
<br />all damage which may arise from the GRANTEE'S sole use of this Easement.
<br />Grantor may change the location of the Road and easement, at its sole cost and expense,
<br />provided such alternate location provides access to Grantee's adjacent land comparable to that
<br />created by this Easement. If direct vehicular access from a public street to Grantee's adjacent land is
<br />ever restored, Grantor may terminate this Easement.
<br />Grantor does further GRANT, BARGAIN, SELL, TRANSFER and CONVEY to Grantee
<br />a temporary easement across Grantor's property more particularly described on the attached Exhibit
<br />"B" (the "Temporary Easement Area ")for the purpose of the executing the initial construction of
<br />the road improvements within the Road referred to above, to include staging, mobilization, storage
<br />of materials and placement of equipment and vehicles of the road improvements within the Road
<br />referred to above. The temporary easement granted herein will expire automatically upon
<br />completion of said initial construction as evidenced by Grantor's approval of the completed work
<br />under applicable City of San Marcos ordinances. Grantee agrees to execute any releases of the
<br />temporary easement for recording in the Official Public Records of Hays County at the request of
<br />Grantor.
<br />GRANTEE SHALL DEFEND, INDEMNIFY, PROTECT AND HOLD HARMLESS
<br />GRANTOR, GRANTOR'S HEIRS, SUCCESSORS, ASSIGNS, TRANSFEREES, EMPLOYEES,
<br />AGENTS, LESSEES, CONTRACTORS, SUBCONTRACTORS, AS WELL AS TRUSTEES,
<br />BENEFICIARIES, RELATIVES, PARTNERS, OFFICERS, DIRECTORS AND RELATED OR
<br />AFFILIATED ENTITIES FROM ANY AND ALL LIENS, CLAIMS, DEMANDS, COSTS
<br />(INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, ACCOUNTANT'S FEES,
<br />ENGINEER'S FEES, CONSULTANT'S FEES AND EXPERT'S FEES), EXPENSES,
<br />DAMAGES, LOSSES AND CAUSES OF ACTION FOR DAMAGES BECAUSE OF INJURY
<br />TO PERSONS (INCLUDING DEATH) AND INJURY OR DAMAGE TO OR LOSS OF ANY
<br />PROPERTY OR IMPROVEMENTS ARISING FROM OR CAUSED BY THE ACTS AND /OR
<br />OMISSIONS OF GRANTEE.
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