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Bk Vol P9 <br /> 04022975 OPP 2521 27 <br /> Property, (m) the right to use the surface of the Property for any and all uses which do not unreasonably <br /> interfere with the easement herein granted, and (iv) the right to grant additional easements over, across <br /> and/or along the Property, provided that rights granted under the additional easements shall be exercised <br /> in a reasonable manner so as not to unreasonably interfere with the rights of Grantee herein Grantor <br /> agrees to include provisions in all such additional easements that (a) Grantee must coordinate with the <br /> City of San Marcos any (1) excavation within the Property and (2) installation of any subsurface utility <br /> line, fixture or appurtenance within the Property, and (b) any subsurface utility line, fixture or <br /> appurtenance installed by or for Grantee in the Property must maintain an offset of at least five (5) feet <br /> from any utility line of the City of San Marcos in place within the Property <br /> In exercising the rights granted it in this easement, Grantee agrees (i) to undertake its activities in a <br /> manner which reasonably cause the least amount of disturbance of Grantor on its adjacent and nearby <br /> property and operations; (n) to protect trees located adjacent to or nearby the Property during its <br /> construction and other operations, (ni) to comply, at all times and at its sole cost and expense, with all <br /> applicable federal, state and local laws, rules, regulations, ordinances and safety standards applicable to <br /> Grantee's activities hereunder, (tv) not to enlarge or expand the use of the Property from that currently <br /> contemplated herein, (v) to restore the surface of the Property to similar or better condition (soil and <br /> grade) existing before such work was undertaken (provided, the grade of the Property shall not be <br /> changed without Grantor's written consent), and (vi) within one hundred twenty (120) days after Grantee <br /> completes its initial construction at the Property, to provide grantor with an as-built survey reflecting the <br /> location of the wastewater Imes and other facilities <br /> Any notice required or permitted to be delivered under this easement shall be in writing and shall be <br /> deemed received on the earlier of(i) actual receipt by mail, Federal Express or other overnight delivery <br /> service, telecopy or hand delivery; or (n) three business days after being sent by United States mail, <br /> postage prepaid,certified mail,return receipt requested, addressed as follows. <br /> GRANTOR Mr J Michael Chargois <br /> P O. Box 204835 <br /> Austin,Texas 78720 <br /> GRANTEE City of San Marcos,Texas <br /> Attn. <br /> 630 E Hopkins Street <br /> San Marcos,Texas 78666 <br /> Grantor or Grantee may change his or its address for notice upon written notice to the other pursuant to <br /> the terms hereof <br /> When the context requires, singular nouns and pronouns include the plural <br /> Recognizing that the parties hereto may find it necessary from time to time to establish to lenders, <br /> mortgagees, accountants or other parties of the then current status of performance hereunder, each party <br /> bound or benefited by this easement agrees,upon written request,that he or it will from time to time,with <br /> reasonable promptness, furnish a written statement in recordable form on the status of any matter relating <br /> to this easement. <br /> Nothing contained herein shall be construed as creating any rights in any third parties Nothing contained <br /> herein shall be interpreted or construed to create a public dedication of the easement granted herein It 1s <br /> understood and agreed that this agreement is an easement only and in no way grants or conveys any part <br /> of the underlying fee simple estate of any lands owned by Grantor <br /> 2 <br />