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B V !. K:: <br />Q1100268 tOPR 3583 151 <br />and Utility Facilities then existing in the Easement Area. In conducting its activities or installing any <br />improvements in the Easement Area Grantor shall take appropriate measures as reasonably necessary <br />to avoid damaging any water line and Utility Facilities in the Easement Area. <br />5. It is understood and agreed that all Utility Facilities shall be constructed underground, <br />except that Grantee is granted the right to install on and above the surface of the ground only such <br />equipment and appurtenances as are reasonably necessary for the operation and maintenance of the <br />underground Utility Facilities, and Grantee shall endeavor to reduce the impact of such above ground <br />equipment and appurtenances by minimizing the height, size and spacing thereof to the extent <br />reasonably possible within generally accepted engineering standards. <br />When the context requires, singular nouns and pronouns include the plural. <br />GRANTOR: <br />JOQ - San Marcos Ventures, LP d? <br />BY: S P, LLC, its GP rzo <br />c? \ <br />By: r <br />Robert C. Wilson, III, President <br />STATE OF TEXAS § kMl1\ <br />COUNTY OF HARRIS § <br />This instrument was acknowledged before me on the day of ,,1/,pry , <br />2009 by Robert C. Wilson, III, as President of SMV GP, LLC, the general partner of JOQ - San <br />Marcos Ventures, LP, on behalf of said partnership. <br />: ELLEN D. CAW ???v ??• ?L? <br />!Votary Powio. State of Texas Notary Public, State of Texas <br />My Commission Expires 1010212009 <br />"t'oc <br />5272992v.12