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City water facilities. <br /> (f) In order for the City to provide water service, a water line, the size of which shall <br /> be sufficient to serve the District(s), as determined by the District's engineer, shall <br /> be constructed by, or on behalf of, the District(s) to connect to the City's existing <br /> 30" water line located along Old Bastrop Highway. With respect to wastewater <br /> service, the City has acquired certain sanitary sewer easement(s) along the route <br /> shown on Exhibit D (the "Easement Route"), and in order for the City to provide <br /> wastewater service, a sewer line, the size of which shall be sufficient to serve the <br /> Districts, as determined by the Districts' engineer, shall be constructed, by or on <br /> behalf of the Districts, within such sanitary sewer easement along the Easement <br /> Route to connect to the City's existing 24"sewer line on De Zavala Drive,as shown <br /> generally on Exhibit D. The City acknowledges and agrees that one additional <br /> sanitary sewer easement must be acquired from one landowner along the <br /> Easement Route ("Remaining Offsite Easement") for the City to provide <br /> wastewater service to the Property. The Developer, or one or more Owners, shall <br /> attempt to obtain the Remaining Offsite Easement from the landowner identified <br /> by the City.However,if the Developer,or one or more Owners,is unable to obtain <br /> the Remaining Offsite Easement, the Developer shall provide notice to the City of <br /> same, along with a survey of the Remaining Offsite Easement tract and request <br /> that the City proceed with obtaining the Remaining Offsite Easement (the"Offsite <br /> Easement Notice"). Upon receipt of the Offsite Easement Notice, the City agrees <br /> to use best efforts and proceed diligently with acquiring the Remaining Offsite <br /> Easement through eminent domain, and, if necessary, through condemnation <br /> proceedings, and will comply with all procedural requirements at the earliest <br /> allowable times set forth in the Texas Property Code. Within ten (10) days of <br /> receipt of the Offsite Easement Notice,the City agrees to (i)make the initial written <br /> offer to purchase the Remaining Offsite Easement and (ii) take all necessary action <br /> to initiate obtaining an appraisal from a certified appraiser of the value of the <br /> Remaining Offsite Easement tract(the"Appraisal")at the earliest time practicable, <br /> but in no event shall the Appraisal take more than sixty (60) days from the City's <br /> initiation. Developer, or one or more Owners, shall pay, on behalf of the Districts, <br /> the costs to acquire such Remaining Offsite Easement,in an amount not to exceed <br /> fair market value of the Remaining Offsite Easement. In the event the Remaining <br /> Offsite Easement is acquired, as set forth above, Developer shall cause to be <br /> conveyed to the City a fifteen (15) acre parcel (the "WWTP Site"), as shown <br /> generally in Exhibit B-1 attached hereto and incorporated herein, following <br /> completion of a lift station and related facilities on the WWTP Site necessary for <br /> the City to provide wastewater service to the Property. The lift station and related <br /> facilities on the WWTP Site shall be designed and constructed by or on behalf of <br /> the Districts and conveyed to the City upon completion for ownership, operation, <br /> and maintenance. If, in the future, the City determines to serve the Property by a <br /> wastewater treatment plant to be constructed on the WWTP Site, rather than the <br /> 13 <br /> 960915_5 <br />