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DocuSign Envelope ID:8ED226AE-3864-4E6F-B6CF-18453B531A24
<br /> Project: SH 123 De Zavala Intersection Improvements
<br /> Parcel: 00003.0002
<br /> NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
<br /> MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
<br /> INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
<br /> SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
<br /> CITY OF SAN M.ARCOS PUBLIC WATER UTILITY EASEMENT
<br /> Date: 11/30/2023
<br /> Grantor: ARA Properties II, a Texas General Partnership
<br /> Grantor's Address: PO Box 4099,Austin,Texas 78765-4099
<br /> Grantee: City of San Marcos, Texas, a home rule municipal corporation
<br /> Grantee's Address: 630 East Hopkins Street, San Marcos,Hays County,Texas 78666
<br /> Consideration: Ten dollars($10.00) and other good and valuable consideration,the receipt
<br /> of which is hereby acknowledged.
<br /> Easement Area: Being the 0.069 acre (or 2,990 square feet) permanent water line easement
<br /> being more particularly described by metes and bounds in Exhibit "A,"
<br /> attached hereto and made a part hereof for all purposes,out of Lot 1,Block
<br /> 2 of Mockingbird Place, an addition to the City of San Marcos, Hays
<br /> County,Texas("Grantor's Property")as recorded in Volume 7,Page 320
<br /> of the Plat Records of Hays County, Texas, said Lot 1 being described in
<br /> deed to .ARA Properties II as recorded in Volume 1415, Page 548 of the
<br /> Deed Records of Hays County, Texas.
<br /> Grant of Easement:
<br /> 1. Subject to the express conditions and requirements stated herein, Grantor, for the
<br /> Consideration,grants, sells and conveys to the Grantee a perpetual non-exclusive utility and right-
<br /> of-way easement within, across, through and over the Easement Area for the purposes of
<br /> constructing,laying,installing,reconstructing,replacing,repairing,operating and maintaining one
<br /> or more water lines, and related valves, manholes, connections, controls,monitoring devices, and
<br /> other associated equipment and appurtenances as may be necessary for the purposes stated herein
<br /> (the"Public Water Facilities"),together with a right of ingress and egress at all times to, across,
<br /> over and within the Easement Area for these purposes,to have and to hold this easement to Grantee
<br /> and Grantee's successors or assigns forever. In the event of an emergency and immediate access
<br /> to the Public Water Facilities is not reasonably available over the Easement Area, and only in that
<br /> event,then Grantee will have the right of ingress and egress over existing roads and driveways on
<br /> the Grantor's property for the purpose of obtaining such access. Grantor binds Grantor and
<br /> Grantor's heirs, executors, administrators, successors and assigns to warrant and forever defend
<br /> this easement and the rights and premises granted herein to Grantee and Grantee's successors and
<br /> assigns against every person whomever lawfully claiming or to claim the same or any part thereof.
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