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Res 2025-037 approving an agreement with Tertia June Tucker Emerson providing for the city to purchase a 1.041-acre public utility easement and a 0.524-acre temporary construction easement located along Old Martindale Road
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Res 2025-037 approving an agreement with Tertia June Tucker Emerson providing for the city to purchase a 1.041-acre public utility easement and a 0.524-acre temporary construction easement located along Old Martindale Road
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3/17/2025 10:57:25 PM
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3/17/2025 10:56:42 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2025-037
Date
3/4/2025
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this Easement to Grantee and Grantee's successors and assigns against every person whomever <br /> lawfully claiming or to claim the same or any part thereof. <br /> The Grantor covenants for itself and its successors and assigns, not to place or maintain any <br /> building, structure, or any other obstruction on or within the Easement Area, or to use the surface <br /> of the Easement Area for any purpose that would interfere with or prevent the use by Grantee of <br /> the Easement Area for the purposes set forth herein without the consent of Grantee. Grantee shall <br /> have the right to remove any building, structure or other improvements in the Easement Area to <br /> which it has not consented. <br /> Grantee shall have the right to cut, trim, and control the growth of trees and other vegetation and <br /> to remove or alleviate other such obstructions on and in the Easement Area without payment to <br /> the Grantor, which interferes with or threatens the operation and maintenance of the Utility <br /> Facilities. <br /> Grantor acknowledges that any and all Utility Facilities in the Easement Area shall remain the <br /> property of Grantee. <br /> Grantor expressly subordinates all rights of surface use of the Easement Area incident to the <br /> mineral estate to the above described uses and surface uses by Grantee and agrees to any lien <br /> holder subordinations as may be requested by Grantee. <br /> If any clause, sentence,paragraph, or article of this easement is determined by a court of competent <br /> jurisdiction to be invalid, illegal, or unenforceable in any respect, such determination shall not be <br /> deemed to impair,invalidate,or nullify the remainder of this Agreement if the easement can be given <br /> effect without the invalid portion. To this extent,the provisions of this easement are declared to be <br /> severable. <br /> When the context requires, singular nouns and pronouns include the plural. <br /> GRANTOR: <br /> By: <br /> Tertia June Tucker Emerson <br /> THE STATE OF TEXAS § <br /> COUNTY OF § <br /> This instrument was acknowledged before me on , 2025 by <br /> Tertia June Tucker Emerson. <br /> Notary Public, State of Texas <br />
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