Res 2004-065 - Laserfiche WebLink

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EXHIBIT D TEMPORARY CONSTRUCTION EASEMENT 86. Date: l'LI ?-(a , 2004 Grantor: Jack W. Weatherford 2220 Bishop Street San Marcos, Texas 78666 Grantee: City of San Marcos, Texas, 630 E. Hopkins Street, San Marcos, Hays County, TX 78666 Consideration: Ten Dollars ($10.00) and other valuable consideration. Temporary Easement Area: Being approximately Th/rty foot (30') wide running adjacent to and contiguous with the fee taking for right-of-way purposes on Project Parcel # 3A, being more particularly described in Exhibit "A" attached hereto and by reference incorporated herein. Right-of-Way Area: Being 0.801 acres of land and being more particularly described in Exhibit "A" attached hereto and by reference incorporated herein. Reservations From and Exceptions to Conveyance and Warranty: All instruments of record affecting the Easement Area. Grantor, for the consideration, grants and conveys to the Grantee, a temporary construction easement over and across the Temporary Easement Area for its use in the construction of road, sidewalk, hike and bike trails, utility, and drainage improvements in connection with the Craddock Avenue Street Improvement Project within the Right-of-Way, to have and to hold it to Grantee and Grantee's successors or assigns for a term beginning on the date of commencement of construction activities within the Right-of-Way Area and automatically terminating upon the completion of such construction activities within the Right-of-Way Area. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to warrant and forever defend this easement to Grantee and Grantee's successors and assigns against every person whomever lawfully claiming or to claim the same or any part thereof, except as to the reservations ~om and exceptions to conveyance and warranty for the term of the Project. Within forty-five (45) days following the completion of the construction of the Project, Grantee shall repair any damage to the property or improvements thereon of Grantor which may have been damaged, displaced, removed or otherwise disturbed during the period of construction, to equal or better than existing condition, and shall fill all trenches, remove ali rock, construction spoils and construction debris, replace any fencing, and restore the surface of the Temporary Easement Area to its condition prior to commencement of such construction. All property of Grantor disturbed by construction of the Project shall be re-vegetated.