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LETTER AGREEMENT <br />This Letter Agreement (the "Agreement ") is made effective as of this 16th <br />day of December, 2009, by and between C & G Development, Inc. ( "Grantor ") and the <br />City of San Marcos, Texas ( "City "). <br />WHEREAS, pursuant to a City of San Marcos Right of Way Deed (the Deed) <br />and Public Drainage and Utility Easement (the Easement) of even date herewith between <br />Grantor and City (copies attached hereto), Grantor has granted to City certain rights to <br />lands described in the Deed and Easement, and <br />WHEREAS, the parties desire to set forth their agreement with respect to the <br />consideration provided Grantor pursuant to the Deed and Easement, and to compensate <br />Grantor for damages sustained to Grantor's property as a result of the rights granted to <br />the City therein; <br />NOW THEREFORE, for good and valuable consideration, the receipt and <br />adequacy of which are hereby acknowledged, the parties hereto agree as follows; <br />1. The City agrees to pay within 30 days of the receipt of the executed <br />agreement and Easement the sum of $105,900.00 as the cash <br />compensation including consideration and damages paid for the Easement <br />and; <br />2. The City agrees to extend two (2) existing water service taps on the <br />subject property and to ensure that the taps are reasonably accessible to the <br />Grantor and; <br />3. The City agrees to construct two (2) driveways, one on each side of the <br />Craddock Avenue extension and to be located at least 200 feet away from <br />the Wonder World Drive intersection. The driveways are to be 36 feet in <br />width and will extend from the Craddock Avenue curb through to the <br />outer edge of the easement. The City will construct the northern driveway <br />at the location determined by the Grantor and provide access to the cell <br />tower on site or will construct a driveway in the location of the existing <br />driveway along the eastern boundary of the parcel. The City will <br />construct the southern driveway at the location determined by the Grantor. <br />12/14/2009 <br />Capital Improvements Dept. - 630 East Hopkins • San Marcos, Texas 78666512/393- 8130-FAX 512/396 -3796 <br />