Ord 2004-091 - Laserfiche WebLink

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I I I 50. WASTEWATER LINE EASEMENT AGREEMENT Parties: City of San Marcos (the "City"), 630 East Hopkins Street, San Marcos, Hays County, Texas 78666 Genlyte Thomas Group, LLC ("Genlyte"), 10350 Ormsby Park Place, Suite 601, Louisville KY 40223 Easement Area: The 0.048 acre tract area described by metes and bounds on the attached document titled "Wide-Lite WW Easement" Genlyte Property: The 38.5 acre, more or less, tract of property (the "Property") described on the attached Exhibit A, located in the 1500-1600 blocks of Clovis Barker Road in San Marcos, Hays County, Texas. Agreement: In consideration of Genlyte's performance of its obligations under this agreement, the City grants a non-exclusive easement to Genlyte to construct, operate, maintain, replace, and reconstruct one wastewater service line and related facilities (the "Wastewater Line") to serve the Genlyte Property within, upon, across and through the Easement Area, subject to the following terms and conditions: I. The Wastewater Line will be designed and constructed by Genlyte at its expense in accordance with plans and specifications approved by the City of San Marcos Department of Engineering, and the applicable ordinances of the City, all of which are incorporated herein and made a part hereof by reference. Genlyte shall not allow any lien to be created affecting the Easement Area. 2. Genlyte agrees to maintain the Wastewater Line at its expense. 3. The City expressly reserves the right to construct roads, streets, driveways, curbing, and utility facilities across the Easement Area, and the right to use all or any part of the Easement Area for any other or further purpose that does not damage, destroy, or injure Genlyte's use of the Easement Area for the purposes described herein. 4. Genlyte agrees, after the completion of any construction, installation, repair, maintenance, replacement, or removal within the Easement Area, to restore the Easement Area to a condition substantially equivalent to the condition that it was in prior to the time of such construction, installatiOn, repair, maintenance, replacement, or removal, including restoration of vegetation. 5. The City shall have the right of reasonable inspection of the Wastewater Line at reasonable times to determine whether Genlyte is fulfilling its obligations hereunder. 6. The agreements by Genlyte herein shall run solely in favor of the City and shall be enforceable only by the City.