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<br />200. <br /> <br />CONSERV A TION EASEMENT <br /> <br />Date: <br /> <br />August 28, 2001 <br /> <br />Grantor: <br /> <br />Robert Whyburn and Ann Mary Carney (collectively, the "Owner"), 309 W. 3ih <br />Street, Austin, TX 78705 <br /> <br />Grantee: <br /> <br />City of San Marcos (the "City"), 630 E. Hopkins Street, San Marcos, TX 78666 <br /> <br />Property: <br /> <br />All of the area of the Grantor's property as shown on the attached Site Plan, including <br />the area labeled "Limits of Development per Conservation Easement with City of San <br />Marcos" <br /> <br />Easement <br />Area: <br /> <br />All of the area of the Grantor's property, as shown on the attached Site Plan, that is <br />outside the area labeled "Limits of Development per Conservation Easement with <br />City of San Marcos" <br /> <br />Consideration: The approval by the Grantee's Planning and Zoning Commission of a permit for <br />improvements to the Property under the Grantee's San Marcos River Corridor ordinance provisions <br />(San Marcos City Code Chapter 94, Article 4, as amended). <br /> <br />Conveyance: The Owner conveys and warrants to the City a perpetual conservation easement over, <br />across and within the Easement Area. The terms of this conservation easement (this "Easement") <br />are as follows: <br /> <br />1. Purposes of this Easement. The purposes of this Easement are as follows: <br /> <br />A. To ensure that the Easement Area will be perpetually preserved in its predominately <br />natural, scenic, forested, and open space condition; <br /> <br />B. To protect the Easement Area's natural resource and watershed protection values; and <br /> <br />C. To retain and enhance the natural features of the Easement Area. <br /> <br />2. Use Restrictions. The Owner agrees not to undertake, engage in, cause, or permit, any of the <br />following activities, actions or uses of, on, or with respect to the Easement Area: <br /> <br />A. Any division, whether by metes and bounds conveyance, subdivision plat, partition, <br />devise or descent, of the Easement Area into two or more tracts or parcels. <br /> <br />B. Any business, industrial or other non-residential activity. <br /> <br />C. The placement, construction or maintenance of any buildings, decks, or other structures, <br />regardless of method or materials of construction. <br /> <br />C:\Corel\ WPDOCS\REALPROP\conservation easement. doc <br />