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WMM
<br />V21WITINUM
<br />THE STATE OF TEXAS
<br />COUNTY OF HAYS
<br />Instrument# 18019316 Number of Pages: 4
<br />Filed and Recorded: 6/112018 10:54 AM
<br />Liz Q. Gonzalez, Hays County Clerk, Texas
<br />Rec $38.00 Deputy Clerk: VVALDEZ
<br />TO SERVE:
<br />MAP REF. #
<br />W.O. #
<br />11 OVERHEAD
<br />11 UNDERGROUND
<br />The undersigned CITY OF SAN MARCOS (print name(s) of
<br />Owner(s)), ("Grantor"), for a good and valuable consideration, the receipt of which is hereby acknowledged, does
<br />hereby grant and convey unto BLUEBONNET ELECTRIC COOPERATIVE, INC. ("Grantee"), whose post office
<br />address is P,O. Box 729, Bastrop, Texas 78602, and its legal representatives, successors and assigns, a non-
<br />excl'usive, permanent and perpetual easement and right of way (the "Easement") in, upon, below or above
<br />Grantor's lands, situated in the County of Hays — , State of Texas, and described' as follows (the "Property"):
<br />A tract of land consisting of approximately 1.00 acres in the Farnann Frye Survey, Abstract
<br />No. 183 ., or described in a deed or other instrument recorded in Volume 3349 , Page 156
<br />Real Property Records of Has _ County, Texas.
<br />The area of the Easement for Overhead Electric Facilities shall be 15 feet on each side of the centerline of the
<br />initial line(s) as constructed by Grantee (the "Easement Area"), and the area of the Easement for ,Underground
<br />Electric Facilities shall be 10 feet either, side of the initial line(s) as constructed by Grantee (the "Easement
<br />Area"). In addition, Grantee shall have the right to install guy and anchor arrangements inside and/or outside the
<br />Easement Area when and where Grantee deems necessary; any area in which such guy and anchor arrangements are
<br />installed outside the Easement Area as defined above shall, while such items are in place, be included within the
<br />definition of the Easement Area.
<br />The purpose and scope of this Easement is to place, construct, re -construct, re -phase, operate, maintain, relocate, replace
<br />and remove in, upon, below or above the Easement Area an electric distribution line or system, telecommunications systems
<br />and equipment, or other services and systems, and its related appurtenances and equipment, and to cut, trim, chemically
<br />treat, and/or remove any or all trees, brush, shrubbery or other obstructions within or outside the Easement Area to the extent
<br />necessary to keep the Easement Area clear, or which might otherwise endanger or interfere with the efficiency of the lines,
<br />including the removal of any dead, weak, leaning or dangerous trees that are tall enough to strike the wires in falling even if
<br />same are located outside the Easement Area. Non-use of the Easement shall not be deemed an abandonment; the
<br />Easement shall only be terminated by written instrument executed by Grantee and recorded in the real property records of
<br />the county or counties in which the Easement Area its located. The purpose and scope of this Easement may not be
<br />changed, and Easement Area may not be relocated, without Grantee's written consent.
<br />Grantee shall have the right of pedestrian, vehicular, and equipment ingress and egress over the Property, or any other of
<br />Grantor's adjacent lands, to and from the Easement Area for the purpose of placing, constructing, re -constructing, re -
<br />phasing, operating, maintaining, relocating, replacing and removing said lines and appurtenances, and may make use of
<br />such Property or other lands outside the Easement Area as is reasonably necessary for such activities, including the
<br />temporary placement and storage of vehicles and equipment.
<br />To have and to hold unto Grantee, its legal representatives, successors and assigns, forever. Grantor binds Grantor and
<br />Grantor's heirs, executors, administrators, legal representatives, successors and assigns to warrant and forever defend
<br />all and singular the rights herein to Grantee, its legal representatives, successors and assigns against every person
<br />whomsoever lawfully claiming or to claim the same or any part thereof. This is an easement appurtenant and is a
<br />covenant running with the land.
<br />Grantor may not construct or place any structures, devices, or obstacles in or on the Easement Area that may in Grantee's
<br />opinion constitute a hazard to the safe and reliable operation of the lines and appurtenances installed in the Easement Area
<br />or in the opinion of Grantee, a danger to Grantor or the general public.
<br />Rev. 08,2017
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