Res 2005-061 - Laserfiche WebLink

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Bk Vol Ps 05017346 OPR 2710 248 5. The CITY agrees to repair or replace any fencing on GRANTOR'S land which is damaged by the CITY or the CITY's agents or contractors in connection with the construction, reconstruction, operation and maintenance within said Permanent Easement, and to restore said fence to as good a condition as existed prior to any such damage by the CITY or the CITY's agents or contractors. Prior to cutting any fencing, the City agrees to install H-Bracing on either side ofthe fence section to be removed and secure the existing wire fencing to prevent slackening of the lines. 6. The CITY agrees that all persons entering upon the Permanent Easement under this grant shall confine themselves to the use and purposes contemplated herein, and no trespassing or other uses shall be permitted by the CITY, its successors and assigns. 7. The CITY, its successors and assigns, subject to the limitations on ingress and egress from the gate at Highway 621 and County Road 266 and the gate at the "Truck Entrance," as provided below, shall have the right to traverse over and along the Permanent Easement and the Temporary Easement for any and all purposes necessary and incident to the exercise by the CITY of the rights hereunder. 8. The CITY agrees that the CITY's ingress and egress over the Property during the construction operations for the permitted pipelines is limited to ingress and egress from: hg a. The gate at Highway 621 and County Road 266, the gate at the "Truck Entrance"; b. One (1) temporary access point onto GRANTOR's property at a point of the CITY's choosing between the primary entrance and the San Marcos River; and c. One (1) temporary access point onto GRANTOR's property at a point ofthe City's choosing between the Truck Entrance and the intersection of Highway 621 and County Road 266. 9. It is understood and agreed that the City's permanent right of ingress and egress shall be limited to the gate at Highway 621 and County Road 266 and the gate at the "Truck Entrance," the Permanent Easement herein granted and the adjoining GBRA Easement. In the event future development of the property removes one or more of the permitted ingress and egress access points identified herein, GRANTOR agrees to provide the CITY alternative ingress and egress access points acceptable to the CITY. 10. GRANTOR and the CITY agree that during the period of construction of the said pipeline, the CITY may construct such temporary fences as are required by its contractor or engineers and if such fences are constructed, the CITY will allow access, and ingress and egress across the Permanent Easement to GRANTOR. 11. The CITY agrees during the construction, installation, repair, maintenance, or replacement of the underground pipelines, and until restoration is complete, to provide GRANTOR with constant ingress and egress by way of GRANTOR'S existing entrance roadway or by the "Truck Entrance" in order to allow GRANTOR internal access to and from GRANTOR'S Parent Tract. The CITY agrees that access to GRANTOR'S parent