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0 ?n <br />Lockwood, Andrews <br />& Newnam, Inc, <br />A LEO A DALY COMPANY <br />CONSULTANT TO THE CITY OF SAN MARCOS <br />Date: Thursday, October 29, 2009 <br />County: Hays <br />Federal Project: N/A <br />Parcel: b <br />Highway: Loop 110 / McCarty Lane <br />Dear Mrs. Martina C. Perez, Martina Cura, L.P., and Julian Perez, <br />Our negotiations for an easement across your property have progressed to the point that you have <br />indicated a willingness to sign an Easement Agreement in return for payment as agreed to in our previous <br />discussions. It is thought to be in the best interests of both you and the City of San Marcos to confirm this <br />.agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process <br />by which the City will make payment. <br />The easement being purchased by the City of San Marcos amounts to 0.243 of one acre and has been <br />thoroughly explained. The payment of the amount of $13,100.00 as herein agreed to will constitute full <br />payment to be made by the City of San Marcos for the easement rights to be conveyed to the City. The <br />City and Owner(s) have agreed to the following provisions: <br />Until payment is made by the City, title and possession of the property to be conveyed remain with you. <br />You shall bear all risk of loss to any and all such property prior to such payment. Either you or the City <br />shall have the right to terminate this agreement. <br />The payment of the amount herein stated and the terms provided constitute the only promises, <br />consideration and conditions of this purchase; and, no other promises, consideration or conditions have <br />been signified or implied, save and except any the mutual benefits to be derived by you and the City of <br />San Marcos from the signing of this agreement. <br />The City, without cost to you as the owner, will pay the cost of recording all instruments conveying the <br />easement to the City. <br />Independence Title Company located at 113 N Guadalupe St, San Marcos, Texas has been designated as <br />the City's closing agent and is responsible to see that the City of San Marcos obtains clear title to the <br />easement. Our ROW Services team will work closely with you, the City of San Marcos and Independence <br />Title to coordinate the closing. <br />This agreement is subject to formal approval by City Council. Such approval shall be requested as soon <br />as possible. <br />Sincerely, <br /> <br />Page 1 of 2 <br />400 West Hopkins Suite 203 San Marcos, Texas 78666 512.396.4040 Fax: 512.396.4064