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<br />Dol' Bk Vo 1 ~r:'S
<br />0; 4188 OPR 2003 ~cl
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<br />22.
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<br />COUNTY OF HAYS
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<br />EASEMEI'iT AGREEMENT
<br />
<br />STATE OF TEXAS
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<br />For and in consideration of the sum of $10.00 and other good and valuable consideration,
<br />the receipt and sufficiency of which are hereby acknowledged, the Superintendent as duly
<br />authorized by the Board of Trustees, acting for and on behalf ofthe San Marcos Consolidated
<br />Independent School District ("Grantor") hereby grants and conveys to The City of San Marcos,
<br />Texas, having an address of 630 E. Hopkins, San Marcos, Texas 78666 ("Grantee"), a
<br />permanent, non-exclusive easement and right of way ("Easement") upon the real property described
<br />as a 5.14 acre, more or less, tract of property (the "Easement Area"), being a part ofLol 1, High
<br />School Addition, as recorded in Volume 5, page 49 of the Hays County Plat Records, and being
<br />more particularly described by metes and bounds in the attached Exhibit A which is incorporated
<br />into this easement for all purposes.
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<br />TO HAVE A."\JD TO HOLD the Easement unto Grantee and Grantee's successors and
<br />assigns, forever, and Grantor hereby agrees to bind itself and its successors and assigns, to
<br />WARRANT AND FOREVER DEFEND the Easement unto Grantee, its successors and assigns
<br />against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
<br />through or under Grantor, but not otherwise.
<br />
<br />Said Easement is granted by Grantor and accepted by Grantee subject to the follo\\1ng terms
<br />and conditions, acceptance of such terms and conditions by Grantee being evidenced by Grantee's
<br />acceptance of this Easement Agreement and causing the same to be recorded in the real property
<br />records of Hays County, Texas:
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<br />Purpose and Duration of Easement
<br />
<br />The purpose of this Easement is to permit Grantee to install, operate, and maintain a public
<br />right-of-way, together with the right to construct, place, install, reconstruct, replact:, alter, excavate,
<br />fill, operate and maintain street, sidewalk, roadway, bridge, traiL utility and drainage improvements,
<br />and all associated equipment, facilities and appurtenances, and the free and uninterrupted rights of
<br />the Grantee and the public for access and thoroughfare \vithin, across, through and over at all times
<br />the Easement Area. This Easement shall be perpetual.
<br />
<br />Non-Exclusive Nature of Easement
<br />
<br />The Easement granted herein is non-exclusive, and is subject to all prior easements granted
<br />on all or a portion of the property over which an easement is granted herein to the extent that such
<br />prior easements remain in effect and are of record in the official real property or public records of
<br />Hays County, Texas; provided that any easement rights granted hereafter by the Grantor as to any
<br />
<br />San MarcoS/De Zavala Road Easement
<br />Easement Agreement - May 24, 2002
<br />Page 1 of7
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