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<br />Bk Vol Fq
<br />911002681 OPR 3583 349
<br />CITY OF SAN MARCOS WATER LINE EASEMENT
<br />Date: _ 4Z?4 414?/- , 2009
<br />Grantor: JOQ - San Marcos Ventures, LP, c/o Towery & Assoc., Attn: David Bartine, 3518
<br />Travis Street, Suite 200, Houston, Harris County, Texas 77002
<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 />Property ("Easement Area"): All that certain 2.165 acres of land as more specifically
<br />described on attached Exhibit "A".
<br />Grant of Easement: Grantor, for the consideration, grants, bargains, sells and conveys unto Grantee,
<br />its successors and assigns, a perpetual easement and right-of-way for the purpose of laying, erecting,
<br />constructing, operating, repairing, replacing, upgrading, enlarging, relocating and maintaining one
<br />(1) underground water line and any and all related facilities and appurtenances, including, without
<br />limitation, all necessary pipelines, valves, fittings, appliances, devices, manholes, vents and any other
<br />appurtenances (the foregoing water line, utility facilities, improvements, equipment and related
<br />appurtenances being referred to collectively as the "Utility Facilities"), upon, over, across, through
<br />and under the Easement Area, together with surface uses incidental thereto, including the free right
<br />of ingress and egress over and across the Easement Area, and the right to excavate and refill ditches
<br />and trenches for the construction, repair, replacement, upgrading, relocation, maintenance and
<br />operation of the Utility Facilities (the foregoing grant and rights being collectively referred to herein
<br />as the "Easement"), to have and to hold it to Grantee and Grantee's successors or assigns forever.
<br />Grantor binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to
<br />warrant and forever defend this Easement to Grantee and Grantee's successors and assigns against
<br />every person whomever lawfully claiming or to claim the same or any part thereof, by, through or
<br />under Grantor but not otherwise.
<br />Grant of Temporary Easement. It is further understood and agreed that Grantor also grants,
<br />bargains, sells and conveys unto Grantee a temporary easement and right-of-way in connection with
<br />the laying and constructing of the Utility Facilities (the "Temporary Easement"). The Temporary
<br />Easement shall allow Grantee to use the Temporary Easement Area (defined below) to perform the
<br />construction of the Utility Facilities as provided under the Easement granted above. The "Temporary
<br />Easement Area" shall be a strip of land fifty feet (50') wide that is along and adjoining the Easement
<br />Area as illustrated on the attached Exhibit "A". It is understood and agreed that the duration of the
<br />Temporary Easement shall be for a period not exceeding twelve (12) months and shall expire upon
<br />the earliest to occur of: 1) twelve (12) months from the commencement of construction of the Utility
<br />Facilities; 2) completion of the construction of the Utility Facilities and restoration of the Easement
<br />Area and the Temporary Easement Area; or 3) December 31, 2010 (the "Temporary Easement
<br />Expiration Date"). It is further understood and agreed that Grantee shall provide Grantor sixty (60)
<br />days' notice prior to the occupation of the Easement Area and Temporary Easement Area for the
<br />5272992v.12
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