Laserfiche WebLink
<br />I <br /> <br />I <br /> <br />I <br /> <br />48. <br /> <br />DRAINAGE EASEMENT AGREEMENT <br /> <br />Parties: <br /> <br />City of San Marcos (the "City"), 630 East Hopkins Street, San Marcos, Hays County, <br />Texas 78666 <br /> <br />Genlyte Thomas Group, LLC ("Genlyte"), 10350 Ormsby Park Place, Suite 601, <br />Louisville KY 40223 <br />o.olcl <br />Easement Area: The 0.00-48 acre area described by metes and bounds on the attached document <br />titled "Wide-Lite Drainage Easement" <br /> <br />Genlyte Property: The 38.5 acre, more or less, tract of property (the "Property") described on the <br />attached Exhibit A, located in the 1500-1600 blocks of Clovis Barker Road in San Marcos, Hays <br />County, Texas. <br /> <br />Agreement: In consideration of Genlyte's performance of its obligations under this agreement, the <br />City grants a non-exclusive easement to Genlyte to construct, operate, maintain, replace, upgrade and <br />reconstruct drainage improvements and facilities (the "Drainage Facilities") to serve the Genlyte <br />Property within, upon, across and through the Easement Area, subject to the following terms and <br />conditions: <br /> <br />1. The Drainage Facilities will be designed, constructed and maintained by Genlyte at its <br />expense in accordance with plans and specifications approved by the City of San Marcos Department <br />of Engineering, and the applicable ordinances of the City, all of which are incorporated herein and <br />made a part hereof by reference. <br /> <br />2. Genlyte agrees to maintain the Drainage Facilities in accordance with the following: <br /> <br />A. Proper maintenance of vegetation on the surface of the Drainage Facilities, including <br />mowing not less than four times per year at such times as may be dictated by the seasons, and <br />replanting of vegetation as reasonably necessary to the proper functionality of the Drainage <br />Facilities. <br /> <br />B. Removal of trash, debris and constrictions to the Drainage Facilities, including removal <br />of sediment from sediment control facilities, at the same times as mowing of the vegetation, <br />and at other times as reasonably necessary to the proper functionality of the Drainage <br />Facilities. <br /> <br />3. The City shall have the right of reasonable inspection of the Drainage Facilities at <br />reasonable times to determine whether Genlyte is fulfilling its obligations hereunder. <br /> <br />4. This agreement does not affect Genlyte's obligations under any applicable laws or <br />ordinances that relate to the maintenance of the portions of the drainage and detention facilities <br />serving the Genlyte Property that are outside the boundaries of the Easement Area. <br /> <br />1 <br />