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<br />01/21/2000 11:01 <br /> <br />5123962870 <br /> <br />ANDREW GARY <br /> <br />PAGE 05/10 <br /> <br />shown at point L3 on Exhibit "A" attached hereto and incorporated <br />by reference herein, but shall restore said fence located at <br />point L3 to as good a condition as existed prior to any such <br />removal. <br /> <br />13. Grantee agrees that, in the event any portion of <br />Grantor's asphalt driveway is damaged or disturbed in connection <br />with the construction of the waterline, that such section of said <br />asphalt driveway is to be resurfaced and restored to a condition <br />substantially equivalent to the condition that it was in prior to <br />the time of such damage or disturbance. <br /> <br />14. Grantee agrees that, upon completion of the <br />initial construction period or, in any event, upon the expiration <br />of One (1) year from the date of the execution of this agreement, <br />the Temporary Easement provided for herein shall terminate and <br />said portion of said Temporary Easement outside of the Permanent <br />Easement Strip shall revert to Grantor free and clear of any <br />right, title and interest of Grantee. <br /> <br />15. All persons entering upon the Permanent Easement <br />Strip under this grant shall confine themselves to the use and <br />purposes contemplated herein. <br /> <br />16. Grantor and Grantee agree that this agreement, as <br />written, covers the entire agreement between the parties and no <br />other representations or agreements, written or oral, have been <br />made modifying, adding to or changing the terms hereof or <br />inducing the execution hereof. <br /> <br />l7. All rights reserved by Grantor herein are <br />expressly subject to the ordinances of the City of San Marcos <br />related to subdivision and development. <br /> <br />The reservations, covenants, conditions and <br />reversionary provisions contained herein shall run with the land <br />and inure to the benefit of Grantor and the successive owners of <br />any portion of Grantor's 58.94 acre tract as described on Exhibit <br />"E" attached, and be binding upon Grantee, and the successive <br />owners of any portion of the Permanent Easement Strip hereby <br />conveyed. <br /> <br />The acceptance by Grantee of this conveyance is <br />expressly conditioned upon and subject to the reservations, <br />covenants, and conditions provided herein, and its agreement <br />thereto and is evidenced by Grantee's causing this instrument to <br />be recorded in the Deed Records of Hays County, Texas. <br /> <br />4 <br />