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Tract No. 16.0004
<br />COMPROMISE AND SETTLEMENT AGREEMENT
<br />This Compromise and Settlement Agreement (the "Agreement") is made effective as of
<br />, 2025 (the "Effective Date"), by and between City of San Marcos, Texas ("Cily"),
<br />and Mary Beth Harper a/k/a Mary Nance Harper, individually and as Independent Executor
<br />of the Estate of Ray Stewart Harper, and Jaime Lynn Harper ("Landowner," whether one or
<br />more), (City and Landowner being referred to herein either individually and/or collectively as
<br />"Party" or "Parties," unless otherwise required by the context).
<br />I. RECITALS
<br />1. WHEREAS, Landowner is the legal owner of the property (the "Property") more
<br />particularly described in Condemnor's Original Petition in Condemnation (the "Petition") in Cause
<br />No. 24CV-07636, City of San Marcos, Texas v. Mary Beth Harper a/k/a Mary Nance Harper,
<br />individually and as Independent Executor of the Estate of Ray Stewart Harper, and Jaime Lynn
<br />Harper, in the County Court at Law of Caldwell County, Texas (the "Lawsuit"), wherein City
<br />sought certain water, wastewater, and recycled water pipeline rights set forth in the Petition; and
<br />2. WHEREAS, through the Petition, City sought to acquire easements on, in, over, under,
<br />through and across the Property necessary for the construction, installation, and operation of the
<br />City water, wastewater and recycled water system, with the easement and temporary workspace
<br />area being more particularly described and depicted in the exhibits attached to the Petition, which
<br />shall be referred to herein collectively as the "Easement"; and
<br />3. WHEREAS, the Parties acknowledge the costs, hazards, uncertainties, and pitfalls of
<br />continued litigation and desire to enter into this Agreement in order to settle and lay to rest certain
<br />controversies in order to avoid further costs, litigation and risks; and the Parties have agreed to
<br />settle the Lawsuit pursuant to the terms and conditions as set forth herein.
<br />NOW, THEREFORE, AS MATERIAL CONSIDERATION AND INDUCEMENTS TO
<br />THE EXECUTION OF THIS AGREEMENT AND IN CONSIDERATION OF THE MUTUAL
<br />PROMISES AND COVENANTS MADE, INCLUDING THE RECITALS SET FORTH ABOVE
<br />AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND
<br />SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES HEREBY CONTRACT,
<br />COVENANT AND AGREE AS FOLLOWS:
<br />II. AGREEMENT
<br />4. Landowner and City agree to enter into the City of San Marcos Utility Easement
<br />Agreement in the form attached hereto as Exhibit "A" (the "Easement Agreement").
<br />5. As consideration for this Agreement, and the Easement Agreement, City shall pay to
<br />Landowner the difference between $408,500.00 which was the amount of the Special
<br />Commissioners' Award deposited into the registry of the court and $575,000.00, which difference
<br />is $166,500.00, as total compensation (the "Settlement Sum"). The Settlement Sum shall be paid
<br />as follows:
<br />COMPROMISE AND SETTLEMENT AGREEMENT — Page 1 of 5
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