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c{ texas Qepartment of Tiarupwranon Form 2044 (Rev. 01/08) (GSD -EPC) Page 1 of 8 STATE OF TEXAS § COUNTY OF TRAVIS § MULTIPLE USE AGREEMENT THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State ", party of the first part, and the City of San Marcos , hereinafter called the City party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the 2nd day of March 20 10 the governing body for the City , entered into Resolution /Ordinance No. Resolution 2010 -32R hereinafter identified by reference, authorizing the City 's participation in this agreement with the State; and WHEREAS, the City State to permit the construction, maintenance and operation of a public hike and bike trail has requested the on the highway right of way, (General description of area) of RM 3407 from RM 2439 (Hunter Road) to approximately 0.6 mile north shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B ", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State.