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Bk Vol P9
<br /> 04022975 OPP 2521 26
<br /> PUBLIC UTILITY EASEMENT
<br /> December 15, 2003
<br /> DATE: 1OSA.RIMxX�CIHEIXX
<br /> GRANTOR: Mr J Michael Chargois,P O Box 204385,Austin,Travis County, Texas 78720
<br /> GRANTEE: City of San Marcos,Texas, 630 E Hopkins Street, San Marcos, Hays,County,TX 78666
<br /> PROPERTY: An approximately 0 228 acre tract or parcel of land situated in the William H Van Horn
<br /> Survey, A-484, in Hays County, Texas, and being a part of a 56 288 acre tract of land conveyed to J
<br /> Michael Chargois by deed recorded in Volume 1798, Page 47 of the Official Public Records of Hays
<br /> County, Texas, and being also a part of Lot 2 in Block A of San Marcos Toyota Subdivision as recorded
<br /> in Book 9, Page 155 of the Plat Records of Hays County, Texas, and being more particularly described by
<br /> metes and bounds in Exhibit A attached hereto and incorporated herein by reference.
<br /> CONSIDERATION: Ten Dollars ($10 00) and other good and valuable consideration, the receipt and
<br /> sufficiency of which are acknowledged by Grantor
<br /> Grantor, for the consideration, and subject to the reservations from and exceptions to conveyance and
<br /> warranty, grants, sells and conveys to Grantee a non-exclusive easement within, across, through and over
<br /> the Property for the purposes of constructing, reconstructing, installing, operating and maintaining
<br /> wastewater utility facilities, which will consist of one 8 inch wastewater line buried a minimum of 42"
<br /> below the surface, together with a right of ingress and egress to cross, over and within the Property for
<br /> these purposes, to have and to hold it to Grantee and Grantee's permitted successors or assigns forever.
<br /> Grantor binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to warrant
<br /> and forever defend this easement to Grantee and Grantee's successors and assigns against every person
<br /> whomever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but
<br /> not otherwise, subject to the matters stated herein
<br /> GRANTEE AGREES, TO THE FULL EXTENT OF THE GRANTEES LIABILITY UNDER
<br /> APPLICABLE LAW, TO INDEMNIFY AND HOLD GRANTORS, HIS HEIRS, LEGAL
<br /> REPRESENTATIVES, LESSEES, TENANTS, SUCCESSORS AND ASSIGNS, HARMLESS OF,
<br /> FROM AND AGAINST ANY AND ALL LOSS, COST, EXPENSE, TAXES, SUITS, JUDGMENTS
<br /> AND LIABILITIES FOR DAMAGES OR INJURIES, OF WHATSOEVER KIND, WHETHER TO
<br /> PERSONS OR PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE EXERCISE BY
<br /> GRANTEE, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS,
<br /> SUBCONTRACTORS AND/OR ASSIGNS, OF GRANTEE'S RIGHTS GRANTED BY THIS
<br /> EASEMENT, WHETHER ARISING FROM THE ACTS OR FROM THE OMISSIONS OF GRANTEE,
<br /> ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS,
<br /> SUBCONTRACTORS AND/OR ASSIGNS, RESULTING FROM OR CAUSED BY THE
<br /> CONSTRUCTION, RECONSTRUCTION, INSTALLATION, OPERATION AND/OR
<br /> MAINTENANCE OR OTHER WORK ON THE WASTEWATER LINES AND RELATED
<br /> FACILITIES OR THE PROPERTY BY GRANTEE, ITS OFFICERS, AGENTS, REPRESENTATIVES,
<br /> EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND/OR ASSIGNS, SO LONG AS SUCH
<br /> DAMAGES ARE NOT CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OR WILLFUL
<br /> MISCONDUCT OF GRANTOR The foregoing indemnities shall survive termination of this easement
<br /> RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (i) any
<br /> and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature, if any,
<br /> relating to the Property, and all matters visible and apparent on the ground, (ii) all zoning laws,
<br /> regulations and ordinances of municipal and other governmental authorities, if any, relating to the
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