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<br /> 04022974 OPR 2521 19
<br /> ACCESS AND PUBLIC UTILITY EASEMENT
<br /> DATE: Iaceffb2r 15, 2003
<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 0 770 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 the 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 the Grantee a non-exclusive easement within, across, through and
<br /> over the Property for the purposes of(1) access to the facilities described in (ii)below over and across the
<br /> road described in (iii) below, (n) construction,reconstruction, installation, operation and maintenance of
<br /> wastewater utility facilities, which will consist of one wastewater line 8 inches and 10 inches in size and
<br /> two wastewater force main lines 4 inches and 6 inches in size, all buried a minimum of 42" below the
<br /> surface, and (in) construction, reconstruction, operation and maintenance of one all-weather access road
<br /> in the location shown on Exhibit A hereto, together with a right of ingress and egress to across, over and
<br /> within the Property for these purposes, to have and to hold it to Grantee and Grantee's successors and
<br /> assigns forever Grantor binds Grantor and Grantor's heirs, executors, administrators, successors and
<br /> assigns to warrant and forever defend this easement to Grantee and Grantee's successors and assigns
<br /> against every person whomever lawfully claiming or to claim the same or any part thereof,by, through or
<br /> under Grantor,but 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
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