Res 2001-081 - Laserfiche WebLink

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~. The Easement Area has received Water from the Tanger Parcel since 1992. It is the intention of all parties hereto that the Easement Area will continue to receive Water from the Tanger Parcel in the future. ~OW, THEREFORE, lC\OW ALL PERSOI"S BY THESE PRESENTS: THAT, for and in consideration of the premises and the payment ofTen and noll 00 Dollars ($10.00) cash by each to the other, LOVv1TIan and San Marcos agree as follows: Article 2. Certain Definitions. As used in this Agreement, the following terms shall have the respective meanings stated for them below and are in addition to definitions of other terms defined elsewhere in this Agreement: A. "Easement Facilities"means facilities for the drainage, detention and retention of Water. Easement Facilities may include, without limitation, detention ponds, tanks or areas, ditches, retaining walls, poles, gates, fences, culverts, pipes, bridges, roads, channel and outfall structures, berms, flow attenuation devices, filtration facilities, drainage improvements and removable equipment. B. "Drainage Area" means the Tanger Parcel, the Adjoining Lowman Land, and other property lawfully draining into either the Tanger Parcel or the Adjoining LoVvman Land from properties adjoining the Tanger Parcel or the Adjoining Lowman Land. C. "Lewman Retained Uses"means the right to use and enjoy the Easement Area for any and all uses, including the Permitted Uses if pursuant to a Permit, to the extent that such uses do not diminish, damage, obstruct or interfere ....,.ith either (i) any of the Permitted Uses by Permittees holding Permits issued by San Marcos or (ii) the Easement facilities. D. "Permit' means a permit issued by San Marcos, pursuant to its ordinances and regulations as they now exist or may hereafter be amended from time to time, to persons owning property in the Drainage Area, including Tanger and Lowman, their successors and assigns, for the Permitted Uses upon such terms, limitations, and conditions as shall be imposed by San Marcos, including requirements for participation in the cost of maintenance, replacement and upgrade of the Easement Facilities. E. "Permittee" means a person to whom San Marcos has issued a Permit. F. "Permitted Exceptions" means any and all matters of record in Hays County, Texas, as of the date hereof to the extent and only to the extent that they cover or affect the Easement Area and without any intention of reviving any thereof which heretofore were revoked or have lapsed. G. "Permitted Uses" means draining, detaining and ret~ining Water lawfully draining from lands within the Drainage Area pursuant to a Permit issued by San Marcos to a Permittee and H:\T~an Euement4-1o-<lLwpd 3