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<br />88.
<br />
<br />CITY OF S~"i MARCOS EASEMENT
<br />
<br />DATE:
<br />
<br />/JI~H 0 2002-
<br />
<br />GRANTOR: W.J, Davis and 'Wife, Alta Faye Davis, 4418 Green Valley, Houston, Harris County, Texas
<br />77018
<br />
<br />GRANTEE: City of San Marcos, 630 East Hopkins Street, San Marcos, Hays County. Texas 78666
<br />
<br />PROPERTY: See attached Exlubit "A"
<br />
<br />CONSIDERA nON: Ten DoJlars ($ 10,(0) and other good and valuable consideration.
<br />
<br />RESERVATIONS FROM AND EXCEPTIONS TO CONVEYA..~CE AND WARR.AJ~TY: This
<br />conveyance is made and accepted subject to any and all restrictions., covenants, conditions, and easements. if
<br />any, relating to the property, but only to the extent they are still in effect, and are ShoV.l1 of record in the
<br />county and. state in whicb the property is located,
<br />
<br />Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
<br />warranty, grants and conveys to Grantee an easement for drainage purposes along, within, across, over and
<br />through the property, together with the right to construct, reconstruct, excavate, fill. grade and regrade,
<br />install., maintain and operate drainage ways and drainage and detention facilities. equipment and appurtenances
<br />upon, across, over and within the prope~ and further the right lay, erect, construct, operate, repairing.
<br />replace, upgrade, enlarge, relocate and maintain public utility (including, 'Without limitation, drainage. water,
<br />wastewater, natural gas, cable, electric, communications or other utility) [adlities and any and all related
<br />appurtenances (including, without limitation, all necessary valves., finings, appliances, devices, manholes,
<br />vents., poles, guys., junction boxes, sv.itches and any other appurtenalKes, together with a right ofingress and
<br />egress at all times upon and across the property for these purposes, to have and to hold this easement unto
<br />the Grantee, its successors and assigns, forever. Grantor binds the Grantor and Grantor's heirs.
<br />administrators, successors and assigns to warrant and forever defend all and singular this e2semeIJt to Grantee
<br />and Grantee's successors and assigns against every person whomsoever clallning or to claim the same or any
<br />part thereo f
<br />
<br />It is further understood and agreed that Grantor also grants., bargains, sells and conveys unto Grantee a
<br />temporary easement and right-of-way in connection v.ith the initial construction oftbe drainage and utility
<br />facilities (the "Temporary Easement). The TemporaI)' Easement shallo.I1ow Grantee to use the TemporaI)
<br />Easement Area (defined below) to perform the e-onstruction as provided under the perpetual Easement
<br />granted abo ve. The"T effiIXlrary Easement Area" shall be a strip 0 fJand fifty feet (50') wide that is ala ng and
<br />adjoining the Easement Area as descnbed on the attached plat, pan of Exhibit "An, It is understoud and
<br />agreed that the Temporary Easement shall expire upon the C{lmpletion of the initial drainage and utility
<br />construction and restoration of the Easement Area and the Temporary Easement Area..
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