Res 2023-204R approving an agreement with ARA Properties II, a Texas General Partnership, for the city to purchase a 0.069 acre utility easement in the vicinity of the intersection of State Highway 123 and De Zavala Drive

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DocuSign Envelope ID:8ED226AE-3864-4E6F-B6CF-18453B531A24 locations on or above the Easement Area as Grantor may choose, or permit the installation of waterlines, sewer lines, gas lines, electric lines, cable TV lines, telephone lines, fiber optic lines, and other similar utilities(collectively, "Limited Improvements") as long as Grantee determines the construction, maintenance, or operation of the proposed Limited Improvements will not damage or interfere with the use of the Easement Area by Grantee for the Easement's purpose. 11. Grantor agrees not to cause or permit the placement or construction of any building or structure in or on the Easement Area without the prior written consent of Grantee. 12. To the extent allowed by the Constitution and the laws of the State of Texas, Grantee assumes the entire responsibility for the construction and maintenance of the Public Water Utilities to be constructed in the Easement Area, and nothing contained herein shall ever be construed to place upon Grantor any manner of liability for injury to or death of persons or for damage to or loss of property arising from or in any manner connected with the acts, conduct, or negligence of Grantee in the construction and maintenance of the Public Water Utilities, 13. Grantee expressly acknowledges and agrees that: (i) this Easement Agreement constitutes sufficient warning that dangerous conditions, risks, and hazards may exist on the Easement Area or Grantor's adjacent or remainder property; and (ii) Grantee's entry on to the Easement Area or Grantor's Property exposes Grantee,its employees,agents,representatives, and subcontractors and their respective contractors and subcontractors and property to the dangers and perils associated thereon, including personal injury property damage, and even death. 14. Grantor expressly subordinates all rights of surface use of the Easement Area incident to the mineral estate to the above-described uses of said surface by Grantee and agrees to any lien holder subordinations as may be requested by Grantee. 15. In the event Grantee or its successors and assigns abandon or terminate their use of the Easement Area or all of the improvements within the Easement Area for a period of two (2) years,this Easement Agreement, and all rights granted hereunder shall terminate and revert back to Grantor.For the purposes of this Section, "abandon" shall mean non-use of the Easement Area or the Public Water Facilities. 16. Both parties agree that time is of the essence and that time specifications contained herein shall be strictly construed. 17. If any clause,sentence,paragraph or article of this easement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such determination shall not be deemed to impair,invalidate,or nullify the remainder of this Agreement if the easement can be given effect without the invalid portion. To this extent,the provisions of this easement are declared to be severable. 18. When the context requires,singular nouns and pronouns include,the plural.