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COPY
<br />THE STATE OF TEXAS
<br />COUNTY OF HAYS
<br />EASEMENT 10022427 0Sir 'ar -r F's
<br />a 4 lv
<br />TO SERVE: Co�Qnwood Creek Store Tank
<br />MAP REF. # 6907 044
<br />W.O. # 60116645 - URD
<br />The City of San Marcos. ( "Grantor"), for a good and valuable consideration, the receipt of which is hereby acknowledged, does
<br />hereby grant and convey unto BLUEBONNET ELECTRIC COOPERATIVE, INC. ( "Grantee "), whose post office address is P.O. Box
<br />729, Bastrop, Texas 78602, and its legal representatives, successors and assigns, a non - exclusive, permanent and perpetual
<br />easement and right of way (the "Easement") in, upon, below or above Grantor's lands, situated in the County of Hays , State of
<br />Texas, and described as follows (the "Property'l:
<br />A tract of land consisting of approximately 2.51 acres in the Farnham Frye Survey, or described in a deed or
<br />other instrument recorded in Volume 3349, Pages 156 and 162, Real Property Records of Hays County,
<br />Texas.
<br />The area of the Easement for Overhead Electric Facilities shall be 15 feet on each side of the centerline of the initial line(s)
<br />as shown in Exhibit "A" (the "Easement Area "), and the area of the Easement for Underground Electric Facilities shall be 10
<br />feet either side of such initial line(s) (the "Easement Area"). In addition, Grantee shall have the right to install guy and anchor
<br />arrangements inside and/or outside the Easement Area when and where Grantee deems necessary; any area in which such guy
<br />and anchor arrangements are installed outside the Easement Area as defined above shall, while such items are in place, be
<br />included within the definition of the Easement Area.
<br />The purpose and scope of this Easement is to place, construct, re- construct, re- phase, operate, maintain, relocate, replace and
<br />remove in, upon, below or above the Easement Area an electric distribution line or system, telecommunications systems and
<br />equipment, or other services and systems, and its related appurtenances and equipment, and to cut, trim, chemically treat, and/or
<br />remove any or all trees, brush, shrubbery or other obstructions within or outside the Easement Area to the extent necessary to keep
<br />the Easement Area clear, or which might otherwise endanger or interfere with the efficiency of the lines, including the removal of
<br />any dead, weak, leaning or dangerous trees that are tall enough to strike the wires in falling even if same are located outside the
<br />Easement Area. Non -use of the Easement shall not be deemed an abandonment; the Easement shall only be terminated by written
<br />instrument recorded in the real property records of the county or counties in which the Easement Area is located. The purpose
<br />and scope of this Easement may not be changed, and Easement Area may not be relocated, without Grantee's consent.
<br />Grantee shall have the right of pedestrian, vehicular, and equipment ingress and egress over the Property, or any other of Grantor's
<br />adjacent lands, to and from the Easement Area for the purpose of placing, constructing, reconstructing, re- phasing, operating,
<br />maintaining, relocating, replacing and removing said lines and appurtenances, and may make use of such Property or other lands
<br />outside the Easement Area as is reasonably necessary for such activities, including the temporary plat mast and etcwr ge of
<br />vehicles and equipment.
<br />To have and to hold unto Grantee, its legal representatives, successors and assigns, forever. Grantor binds Grantor and his /her
<br />heirs, executors, administrators, legal representatives, successors and assigns to warrant and forever defend all and singular the
<br />rights herein to Grantee, its legal representatives, successors and assigns against every person whomsoever lawfully claiming or
<br />to claim the same or any part thereof. This is an easement appurtenant, and is a covenant running with the land.
<br />Grantor may not construct or place any structures, devices, or obstacles in or on the Easement Area that may in Grantee's opinion
<br />constitute a hazard to the safe and reliable operation of the lines and appurtenances installed in the Easement Area or in the
<br />opinion of Grantee, a danger to Grantor or the general public.
<br />Grantor warrants that he/she is the legal owner of the above described lands or has authority to grant this Easement and that the
<br />said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following persons:
<br />Rev. 11.2008
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