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3. The City will pay for all expenses associated with the recording of the instruments used in <br /> this exchange of the Easement Areas and the Properties. <br /> 4. The City's obligation to accept the COSM Public Wastewater Utility Easement and pay <br /> Grantor is subject to the City's review and acceptance, in its sole discretion, of the state of title of <br /> the COSM Public Wastewater Easement Area, including evidence of Grantor's authority to grant <br /> the Easement and subject to the completion of any environmental investigations. <br /> 5. Subject to Approval: The effectiveness of this agreement is subject to its approval by the <br /> San Marcos City Council, in its sole discretion. <br /> EXECUTED to be effective as of the date of the last signature below. <br /> GRANTOR: BKCK LTD., a Texas Limited Partnership <br /> By: Keat LLC, a Texas Limited Liability Company, General Partner <br /> Date: SuNE <br /> Benjamin Keating, Manager <br /> CITY: <br /> Date: g '� 'ZD <br />