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<br />104.
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<br />TEMPORARY CONSTRUCTION EASEMENT
<br />
<br />Date:
<br />
<br />Grantor: City of San Marcos, Texas, 630 E. Hopkins Street, San Marcos, Hays County, TX 78666
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<br />Grantee: Five Tree, Limited, 814 Arion Parkway, Suite 200, San Antonio, Bexar County, TX 78216.
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<br />Consideration: Ten Dollars ($10.00) and other valuable consideration.
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<br />Easement Area: All of the following tracts of property:
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<br />TRACT 1: A 2,200 square foot tract of land in the City of San Marcos, Hays County, Texas, out of Lot 2,
<br />Ranch Road 12 Apartments as recorded in Volume 10, Pages 160-161 of the Plat Records for Hays County,
<br />Texas, and being the tract of property labeled as "EASEMENT 1" on the attached Exhibit A, which is
<br />incorporated herein for all intents and purposes.
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<br />TRACT 2: A 4,394 square foot tract ofland in the City of San Marcos, Hays County, Texas, out of Lot 2,
<br />Ranch Road 12 Apartments as recorded in Volume 10, Pages 160-161 of the Plat Records for Hays County,
<br />Texas, and being the tract of property labeled as "EASEMENT 3" on attached Exhibit A, which is
<br />incorporated herein for all intents and purposes.
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<br />TRACT 3: A 3,360 square foot tract ofland in the City of San Marcos, Hays County, Texas, out of Lot 2,
<br />Ranch Road 12 Apartments as recorded in Volume 10, Pages 160-1610fthe Plat Records for Hays County,
<br />Texas, and being the tract of property labeled as "EASEMENT 4" on the attached Exhibit A, which is
<br />incorporated herein for all intents and purposes.
<br />
<br />TRACT 4: A 2,780 square foot tract ofland in the City of San Marcos, Hays County, Texas, out of Lot 2,
<br />Ranch Road 12 Apartments as recorded in Volume 10, Pages 160-1610fthe Plat Records for Hays County,
<br />Texas, and being the tract of property labeled as "EASEMENT 5" on the attached Exhibit A, which is
<br />incorporated herein for all intents and purposes.
<br />
<br />TRACT 5: A 27,296 square foot tract ofland in the City of San Marcos, Hays County, Texas, out of Lot 2,
<br />Ranch Road 12 Apartments as recorded in Volume 10, Pages 160-161 of the Plat Records for Hays County,
<br />Texas, and being the tract of property labeled as "EASEMENT 6" on the attached Exhibit A, which is
<br />incorporated herein for all intents and purposes.
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<br />Grant of Easement Grant of Easement. The Grantor grants, bargains, sells and conveys unto Grantee a
<br />temporary easement and right-of-way in connection with the laying and constructing offill slopes on Grantee's
<br />adjacent property. This easement will remain in effect for a period of 180 days from the date hereof, after
<br />which time it will automatically terminate.
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<br />Grantee agrees to the following conditions in connection with its use of the Easement Area:
<br />1. Grantee, upon completion of construction activities in each tract of the Easement Area, and prior to
<br />termination of this easement, shall seed each tract of the Easement Area with native grasses.
<br />2. Grantee shall install temporary construction fencing separating each tract of the Easement Area from
<br />Grantor's remaining property, and Grantee shall contact the Grantor's designated representative to inspect
<br />and approve or adjust the final location of this fencing around each tract of the Easement Area.
<br />3. Grantee shall protect against damage all trees of significance within each tract of the Easement Area, as
<br />determined by the Grantor's representative.
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