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116. Bk 1/01 Ps 05014504 OPR 2692 575 COpy AMENDMENT NO.1 TO THE CONSERVATION EASEMENT BETWEEEN THE EDWARDS AQUIFER AUTHORITY AND THE CITY OF SAN MARCOS FOR THE 326-ACRE REGIONAL PARK PRESERVE Date: April 15, 2005 [Original easement dated December 18, 2001] Grantor: The City of San Marcos (the "City"), 630 E. Hopkins Street, San Marcos, Hays County, Texas 78666 Grantee: The Edwards Aquifer Authority (the "Authority"), 1615 N. St. Mary's Street, San Antonio, Bexar County, Texas 78215 Easement Area: The 326 acre tract of property in Hays County, Texas described on the attached Exhibit A, save and except a strip of property 350 feet in width (the "Excepted Area") along and parallel with the northern property line of such 326 acre tract of property along the proposed Wonder World Drive Extension. In the event that construction on the proposed Wonder World Drive Extension is not begun by December 31, 2010, the Easement Area will be deemed to include the Excepted Area, and the Excepted Area shall thereafter be subject to the terms and provisions of this easement. Any portion of the Excepted Area not utilized by the City by the time the proposed Wonder World Drive Extension is complete shall be included in the Easement Area and thereafter be subject to the terms and provisions of this easement. Amended Easement: This Amendment is to that certain Conservation Easement dated December 18~ 2001, recorded at Vol. 1925, Page 696, of the Real Property Records of Hays County, Texas. The parties to the original Conservation Easement desire to amend that easement as set forth herein. Page 1 of 4 C:\Documents and Settings\tayloT_mark\.1I.1y Documents\realprop\EAA Cons Eas Amdmt 1 3-25-05.doc