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<br />170. <br /> <br />~%SR <br /> <br />Bk Vol pg <br />05017346 OF'R 2710 245 <br /> <br />THE CITY OF SAN MARCOS W A TERIW ASTEW A TER EASEMENT <br /> <br />Grantors: <br /> <br />B & B Family Partnership, Ltd., and John F. Baugh and wife, Eula Mae Baugh, <br />1321 Park Bayou Drive, Apt. B-301, Houston, TX 77077 <br /> <br />Grantee: <br /> <br />The City of San Marcos, Texas, 630 E. Hopkins Street, San Marcos, Hays <br />County, TX 78666 <br /> <br />Consideration: Ten Dollars ($10.00) and other valuable consideration. <br /> <br />Property: <br /> <br />5.266 acres ofland, as described on the attached Exhibit "A" and Exhibit "B" <br /> <br />WHEREAS, the GRANTORS are the fee simple owners of the Property and have agreed to grant <br />permanent and temporary easements to the City of San Marcos (hereinafter called the "City") for <br />the consideration and upon the terms and provisions hereinafter set forth. <br /> <br />NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in <br />consideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) cash in hand and other <br />good and valuable consideration paid by the CITY to the GRANTORS, the receipt of which is <br />hereby acknowledged and confessed, GRANTORS do hereby grant unto the CITY, and unto its <br />successors and assigns, a thirty foot (30') wide permanent easement (the "Permanent Easement") <br />for the purpose of constructing, maintaining, operating, repairing, rebuilding, relocating, <br />replacing and removing one pipeline not to exceed 36 inches (36") in inside diameter for the <br />transportation of water, and one pipeline for the transportation of wastewater, within, on, over <br />and across the PROPERTY. The area of the Permanent Easement herein conveyed is described <br />in Exhibit "B" attached hereto, except that during the period of initial construction of the water <br />pipeline, the CITY shall have the right to use an additional strip of land as a temporary <br />construction easement (the "Temporary Easement") as illustrated on the plat attached as part of <br />Exhibit "A". <br /> <br />This Permanent Easement is granted, subject to all encumbrances and other matters of record in <br />Hays County, Texas (including but not limited to prior easements granted to Guadalupe-Blanco <br />River Authority and Qwest Communications Corporation), and/or visible and apparent on the <br />ground that a correct survey would reveal, to the full extent the same exist and affect the <br />easement herein granted. <br /> <br />It is understood and agreed that this agreement is for conveyance of an easement only and in no <br />way grants or conveys any part ofthe underlying fee simple estate of any lands owned by <br />Grantor. <br />