Res 2018-030/approving a license to encroach agreement with Ricardo Garza Hinojosa to allow certain driveway access and trash and recycling receptacle encloure improvements within right-of-way at 1654 Post Road

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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. LICENSE TO ENCROACH AGREEMENT Date: March 6, 2018 Licensor: City San Marcos, Texas, a home rule municipal corporation, 630 East Hopkins Street, San Marcos, Hays County, Texas 78666 Licensee: Ricardo Garza Hinojosa, 9801 South Cage Boulevard, Suite 5,Pharr,Texas 78577- 9481 Property: 4.492 acres, being all of Post Road Villas, an addition to the City of San Marcos, Hays County, Texas, according to the map or plat of record in Volume 3440, Page 483, Official Public Records of Hays County, Texas, and addressed as 1650 Post Road, San Marcos, Texas 78666, as shown in Exhibit "A," attached hereto and made a part hereof. License Area: A 30-foot wide strip of right-of-way abutting the Property, as identified in Exhibit"A," attached hereto and made a part hereof. Consideration: Ten dollars($10.00),other good and valuable consideration and the faithful performance of the covenants and conditions established in this License Agreement. 1. Purpose. The License Area is located within a portion of public right-of-way adjacent to the Property not presently open for public use. Licensee is the owner of the Property and seeks to install driveway access and trash and recycling enclosures that will serve the Property (the "Improvements") within the License Area . The purpose of this License Agreement is to establish terms and conditions under which Licensee may maintain the Improvements within the License Area. 2. Grant of License. For the Consideration, Licensor hereby grants a non-exclusive License to the Licensee to maintain the improvements. 3. No Abandonment. Neither the granting of the License, nor any related permit, constitutes an abandonment by Licensor of the License Area or any other rights in and to the License Area. Licensee neither asserts nor claims any interest or right whatsoever, whether legal, equitable or otherwise in or to the License Area. 4. No Interference with Utilities. The License granted herein is subject to the requirement that the Improvements shall not interfere with any electric, water, sewer, or other public utility, or equipment, except as specifically approved by the appropriate departments of Licensor in writing.