Res 2004-036 - Laserfiche WebLink

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Improvement Agreement (the "Wastewater Agreement") between the City, Perry Financial Corporation and others to add the Reasoners as parties and to reserve for the Reasoners 150 seruice units of capacity in the wastewater line being constructed under the Wastewater Agreement, at no cost to the Reasoners, and (2) permit connection to the wastewater line being constructed under the Wastewater Agreement for uses on the Reasoner Tract, the Reasoners do hereby agree to amend the Agreement as stated in this Amendment. 1. Paragraph (1) of the Agreement is amended to read as follows: (1) The two non-exclusive permanent easements and rights-of-way and the two temporary easements and fights of way are described as follows: (a) a 1.15 acre tract, more or less, situated in the J.M. Veramendi League No. 2, Hays County, Texas, which is more particularly described on Exhibit "B" attached to this Amendment (the "1.15 Acre Permanent Easement"); (b) a 1.77 acre tract, more or less, situated in the J.M. Veramendi League No. 2, Hays County, Texas, which is more particularly described on Exhibit "A" attached to this Amendment (the "1.77 Acre Permanent Easement" and the "1.77 Acre Temporary Easement"); and (c) a 1.80 acre tract, more or less, situated in the J.M. Veramendi League No. 2, Hays County, Texas, which is more particularly described in Exhibit "C", attached to this Amendment (the "1.80 Acre Temporary Easement") The easements are shown on the plat attached to this Amendment as Exhibit "D". Paragraph (3) of the Agreement is amended to read as follows: (3) The 1.77 Acre Temporary Easement shall be used solely in connection with the construction of the 24 inch inside diameter wastewater pipeline within the 1.15 Acre Permanent Easement. The City's fight to such use of the 1.77 Acre Temporary Easement shall take effect as of the date of the City's notice to the Reasoners of the impending construction of such pipeline, and shall expire and all fights therein