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Ok Vol P9
<br />80031149 OPR 3504 182
<br />CITY OF SAN MARCOS EASEMENT
<br />Date: October /0, 2008
<br />Grantor: Aquarena Plaza, LLC, P,O. Box 1597, San Marcos, Texas 78667
<br />Grantee: City of San Marcos, Texas, 630 E. Hopkins Street, San Marcos, Hays County, TX
<br />78666
<br />Consideration: Ten Dollars ($10.00) and other valuable consideration.
<br />Easement Area: All of the 2,202.82 square foot tract of real property out of the Meiners Street
<br />right of way as described on the attached Exhibit A, which is incorporated herein for all intents
<br />and purposes.
<br />Grant of Easement: Grantor, for the consideration, grants, bargains, sells and conveys unto
<br />Grantee, its successors and assigns, a perpetual easement and right-of-way for the purpose of
<br />laying, erecting, constructing, operating, repairing, replacing, upgrading, enlarging, relocating
<br />and maintaining public utility (including, without limitation, drainage, water, wastewater, natural
<br />gas, cable, electric, communications or other utility) facilities and any and all related
<br />appurtenances (including, without limitation, all necessary valves, fittings, appliances, devices,
<br />manholes, vents, poles, guys, junction boxes, switches and any other appurtenances (the utility
<br />facilities and related appurtenances being referred to collectively as the "Utility Facilities"), and
<br />whether the Utility Facilities are located on, below or above the surface of the real property)
<br />upon, over, across, through and under the Easement Area, together with surface uses incidental
<br />thereto, including the free right of ingress and egress over and across the Easement Area, and the
<br />right to excavate and refill ditches and trenches for the construction, repair, replacement,
<br />upgrading, relocation, maintenance and operation of the Utility Facilities (the foregoing grant
<br />and rights being collectively referred to herein as the "Easement"), to have and to hold it to
<br />Grantee and Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs,
<br />executors, administrators, successors and assigns to warrant and forever defend this Easement to
<br />Grantee and Grantee's successors and assigns against every person whomever lawfully claiming
<br />or to claim the same or any part thereof.
<br />When the context requires, singular nouns and pronouns include the plural.
<br />For Aquarena Plaza, LLC:
<br />Vance Elliott
<br />
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