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04022974 OPR 2521 20
<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
<br /> Property, (in) 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; (ui) 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, (iv) 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 lines 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(1) actual receipt by mail, Federal Express or other overnight delivery
<br /> service, telecopy or band 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
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