Res 2005-061 - Laserfiche WebLink

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I:?k Vol pg 05017346 OPR 2710 247 singular the rights and appurtenances thereto in anywise belonging unto the City of San Marcos, Texas, its successors and assigns, for the purposes aforesaid, forever; and the GRANTORS do hereby bind themselves, their heirs and assigns, to WARRANT AND FOREVER DEFEND all and singular, the said premises unto the City of San Marcos, Texas, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof, subject to the express reservations contained herein, when the claim is by under or through the Grantor, but not otherwise. SPECIAL COVENANTS AND CONDITIONS GRANTOR and the CITY expressly agree that this conveyance is subject to the following covenants and conditions which run with the land and be binding upon the CITY, its successors and assigns, and inure to the benefit of GRANTOR and any successive owners of GRANTOR's property that is subject to the Permanent Easement. 1. The CITY, and its successors and assigns, is hereby expressly given and granted the right to assign this easement, or any part thereof or interest therein, and/or rights granted hereunder, so that each assignee or owner shall have the full rights and privileges herein granted to be owned and enjoyed in common or severally, subject to the express reservations, covenants, and conditions contained herein. 2. The CITY agrees that there shall be no above ground appurtenances within said Permanent Easement and right of way herein conveyed except for markers which may be placed by the City at GRANTOR'S property lines at the beginning and at the termination of the easement, and cathodic protection stations, air/vacuum valves, and blow off valves, as identified on contract drawings prepared by Carter-Burgess for the City and dated February, 2005. The CITY hereby expressly acknowledges that it will have sole responsibility for furnishing adequate protection for any of its above-ground appurtenances from damage resulting from cattle grazing on the Permanent Easement and hereby expressly releases GRANTOR, their successors and assigns, from any loss arising out of any damage to such above-ground appurtenances resulting from cattle grazing on the Permanent Easement. 3. The CITY agrees that upon completion of the initial construction and restoration as herein provided, or upon the expiration of Eight (8) months from the date of commencement of construction within the easement and right of way herein conveyed, whichever is sooner, the Temporary Easement provided for herein shall terminate and said portion of said Temporary Easement outside ofthe thirty foot (30') right of way and Permanent Easement shall revert to GRANTOR free and clear of any right, title and interest in the CITY. 4. The CITY agrees, at the time of construction, to bury said water and wastewater line or lines to a depth of at least 36 inches and to the degree it is reasonably practical maintain a minimum cover of not less than 36 inches along said Permanent Easement.