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<br /> <br />169. <br /> <br />LETTER AGREEMENT <br /> <br />This Letter Agreement (the "Agreement") is made effective as of this 18th <br />day of June , 2005, by and between B&B Family Pamtership, Ltd., <br />John F. Baugh and wife, Eula Mae Baugh, ("Grantor", whether one or more) and the City <br />of San Marcos, Texas ("Grantee"). <br /> <br />WHEREAS, pursuant to The City of San Marcos Water/Wastewater Easement <br />of even date herewith (hereinafter referred to as "the Conveyance") between Grantor and <br />Grantee (executed copy attached hereto), Grantor has granted to Grantee certain rights to <br />5.266 acres ofland, a part of a 532.212 acre tract and a 164.883 acres ofland, out of the <br />William Burnett, Jr., et al surveys, Hays County, Texas; and <br /> <br />WHEREAS, the parties desire to set forth their agreement with respect to the <br />consideration and revegetation damages to be paid pursuant to the attached Conveyance; <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and <br />adequacy of which are hereby acknowledged, the parties hereto agree as follows; <br /> <br />1. Upon City Council approval, the City agrees to pay $66,996.00 as the <br />consideration and revegetation damages for the Conveyance; and <br /> <br />2. The City agrees not to record the Conveyance until delivering the <br />consideration to Grantor, it being understood and agreed that the <br />Conveyance is not effective until said consideration has been delivered. <br />Further, that if the City Council does not approve the consideration stated <br />above within 45 days of the effective date hereof, the City agrees to return <br />to Grantor the attached unrecorded executed Conveyance and the <br />Conveyance shall be null, void and of no further force or effect. <br /> <br />IN WITNESS WHEREOF, this instrument was ex-ecuted as of the date first <br />written above. <br /> <br />Grantor: <br />B&B Family Partnership, Ltd. <br /> <br />BY: !2fJ.(trJ ~n~ -' LI..~ <br />ITS: 11.PA<.fVuJ ~ (;J~ <br />jjq: ~~. 0uufJ <br />m:~~ <br />