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<br />A RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING
<br />THE EXECUTION OF AN AGREEMENT WITH FRANK F. SHARP AND
<br />INEZ SHARP, THE EFFECT OF WHICH IS TO ABANDON A 30 FOOT
<br />EASEMENT IN RETURN FOR THE CONVEYANCE TO THE CITY OF A 30
<br />FOOT STRIP OF LAND IN FEE SIMPLE.
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<br />WHEREAS, it has come to the attention of the City Council of the City of San
<br />Marcos, Texas, that it will be beneficial to the City's interests, to execute
<br />an agreement with Frank F. Sharp and Inez Sharp, abandoning a thirty foot road
<br />easement now vested in the City across land belonging to the Sharps in return
<br />for a conveyance in fee simple by the Sharps to the City of a strip of land of
<br />the same width across other real property belonging to the Sharps;
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<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS: That the mayor and secretary of the City be and they are hereby autho-
<br />rized to execute the above-outlined agreement, said agreement being set out
<br />verbatim as follows:
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<br />STATE OF TEXAS
<br />COUNTY OF HAYS
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<br />This agreement, made and entered into by and between the City of San Marcos, a
<br />municipal corporation of the State of Texas, hereinafter known as "First Party",
<br />and Frank F. Sharp and Inez, husband and wife, of Hays County, Texas, hereinafter
<br />known as "Second Parties", WITNESSETH:
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<br />WHEREAS, by instrument dated December 30,1967, and recorded in Volume 221, pages
<br />371-74, Hays County Deed Records, Second Parties conveyed to First Party a 12.2
<br />acre tract of land together with two easements, said tract and easements being
<br />situated in the Juan Martin de Veramendi League, A-17-2, Hays County, Texas; and
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<br />WHEREAS, one of said easements, namely, the one designated as "Tract 3" in said
<br />instrument of December 30, 1967, is a road easement, the use of which by First
<br />Party is also provided for in said instrument; and
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<br />WHEREAS, it is considered to be beneficial to the parties hereto that the use of
<br />said "Tract 3" by First Party be abandoned in return for the conveyance by Second
<br />Parties of a strip of land of the same width as said "Tract 3", namely, thirty
<br />feet, across other real property of the Second Parties;
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<br />NOW, THEREFORE, in consideration of the premises, it is mutually agreed between the
<br />parties hereto as fo110ws:
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<br />1. First Party wil1 abandon all interest in said "Tract 3".
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<br />2. Second Parties wi11 convey to First Party in fee simp1e a thirty foot wide
<br />strip of land beginning at the 01d San Marcos-Martinda1e Road, at a point on
<br />Second Parties' Northwesterly boundary line, and proceeding approximately 1287 feet
<br />in a Southeasterly direction, and then proceeding in a Southwesterly direction
<br />approximate1y 500 feet to said 12.2 acre tract.
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<br />3. First Party wi11 construct, at its expense, a fence a10ng one side only of said
<br />thirty foot strip of land to be conveyed to it by Second Parties. Said fence sha11
<br />be of hog-wire construction, thirty-two (32) inches high, of twelve and one-half
<br />(12 1/2) gauge, and to be topped by four strands of barbed-wire twelve and one-ha1~
<br />(12 1/2) gauge, two point on four inch center, domestic type.
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<br />4. First Party shall construct a paved road upon said thirty foot strip to the
<br />extent of sixteen feet thereof, the base materials for said paving to be furnished
<br />by Second Parties, and the labor, machinery and supervision to be furnished by
<br />First Party. Said road shall be completed within six (6) months after the com-
<br />pletion of construction of a Waste-Water Treatment Plant upon said 12.2 acre tract.
<br />Second rarties shall have the use of said road for all reasonab1e transportation
<br />purposes so 10ng as said thirty foot strip is used as a road; however, First Party
<br />shall be under no ob1igation whatsoever to continue to use said thirty foot strip
<br />as a road. Thus, it can use said strip for any purpose it may desire at any time
<br />f0110wing the comp1etion of said road.
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<br />5. First Party shall discharge the cost of all survey and 1egal expense
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