Res 2001-042 - Laserfiche WebLink

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85. ST A 11: OF TEXAS ~ ~ COUNTY OF HAYS ~ WIl'NESSETH: This contract. made by and bctw=n me Sta!e of Texas, acting herein by a.nd through the Texas Department ofTransporution, hereinafter ea11et1 STATE, Prime RctailIL.P., hereinafter called OWNER, and the City of San Marcos, hereinafter called CITY, is as follows: WHEREAS, the ST ATE bas operated and maintained a. 0.565 acre drainage facility at approximately Highway Station 1121+70 on tH. 3S on tho cut side, an eesement in~est therein being conveyed to the ST A IE by instrument ~ in Yolwne 170, Page 581, of the Deed Records of Hays County, Teus; and WHEREAS, OWNER. is the owner of the fee unda-lying the STATE's existing easement OWNER desirc3 to realign and ~stNa new ~ facility improvements and related equipment, herein..afkr caned NEW F AClLITY. at the subject location and has agreed to COnstnlct said NEW F ACILlTY to ST A IE' 5 specificatiOns and upon 8 drainage casement dedicated ~ the public, said drainage easement being herei't'Ultler called NEW EASEMENT and being dedicated to the public by plat recorded in Book 9. Pages 9-11, of the Plat Rec0rd5 of Hays County, Tens, said new easement not including, however, any pc~n of the drainage easement area 0]] said plat that is identified. thereon as "Private Drai1:1age E,agment, U and this agreement does not pertain to said '1'riva~ Drainage Easement"; and WHEREAS, OWNER has camp1eted construction of the NEW F AClLITY upon the NEW EASEMENT lit OWNER's sole cost and expense, and OVINER agrees tha1 the construction of the NEW FACILITY will not adversely affect, u determined by Ute STATE, any other drainage facilities in the vicinity of1.H. 35 at Cottonwood Cr=k; and WHEREAS, OWNER is solely responsible for maintClWlcc of the NEW F ACll.ITY upon the NEW EASEMENT in compliance wi1h the terms of U.S. Army Corps of Engineers Section 404 permit number 199600602. dated Much 3, 1999. as noted 00 the plat recorded. in Book 9, Pages 9-11, of the Pial Records ofHa~ County, T~ and WHEREAS, this agreement bas been approved and its eJ(ef;ution authorized by appropriate officials of the STATE, the OWNER and the CI1Y; NOW, THEREFORE, in ccmsidention of the above premises, the parties hen:to agree 83 foHows: 1. The OWNER. shall have ~nsibility to maintain in good. safe repair and condition all of the NEW F AClLITY locatJ:d or to be located on the NEw EASEMENT. In addition 10 ~ foregoing, the OWNER hereby 1SSu.m.es any and ail responsihilities and liabilities me. ST ATE may have for the proper and adequate: handling of .11 ~ drainage into and from the NEW F ACIUTY located approximately at Highway Station 1111 +70 OD LH. 35 in Hays County, Texas., including. but not limited to, flood prevcution and pr~tion of adverse environmental effu:ts with regard to thaI sec:tion of Ui. 35 within the 01Y's jurisdiction. All operation. D1&intQlance, repairs. replacement and/or c.onstnldiOl1 reUBd to the NEW F AC1LflY shall be a.eeotnplished in a manner so as to cause no interference with highway use or any red~tion m the level of SClVite of the highway facility as determined by the STATE. In the cvcat that OWNER fails to nuinuin the NEW FACUlTY on the: NEW EASEMENT in good, safe rtlpaa and condition, then, upon written notice by STATE to Cl1i' describing the: rua.inteuance needed, CITY sbail perform the maintcnaru;e at OWNER's expense.