Ord 2004-084 - Laserfiche WebLink

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I I VOL. 4 0 5 PAGE 6 2 8 130. Bk Vol F'9 04035987 OF'R 2598 172 AMENDED EASEMENT AGREEMENT o~;a90 I. Parties 1.01. This easement agreement, dated Dt!(~A1NA! I~, 2004, is between Texas State University-San Marcos, as Grantor, and the City of an Marcos, as Grantee. 2. Grant of Easement 2.01. Permanent Easement. For valuable consideration from the Grantee to the Grantor, receipt of which is acknowledged, Grantor grants and conveys to Grantee a permanent non- exclusive twenty-foot wide easement. The sole purpose for the permanent easement is for the Grantee's construction, operation and maintenance of one treated water pipeline and associated equipment and facilities (the "Pipeline"), together with the right of ingress and egress at all times in connection with this purpose. a. The land covered by the Easement is more particularly described on the attached Exhibit A (the "Easement Area"). This exhibit is made a part of this easement for all purposes. b. Grantee will coordinate all its activities regarding the easement with Grantor and will cooperate so that its activities in the Easement Area do not interfere unreasonably with Grantor's activities on Grantor's property. 2.02 Temporary Easement. For the same consideration, the Grantor grants and conveys to Grantee a temporary easement. The sole purpose for the temporary easement is for construction purposes during the Grantee's initial installation of the Pipeline, including the right of ingress and egress at all times in connection with this purpose. The land covered by the temporary easement is a thirty-foot wide strip of land adjoining the southeastern boundary of the Easement Area. The Grantee's use of the temporary easement shall be limited to a period of 180 days after the Grantee's commencement of construction activities in the temporary easement. 2.03 Reservation from Easement. Grantor reserves all other rights and benefits necessary or convenient for the full enjoyment or use of the Easement Area, subject to the rights granted in this easement. Grantor shall not erect or construct any building or other permanent structure in the Easement Area. I 2.04 Removing Obstructions. Grantee shall have the right to cut and remove trees, undergrowth, and other obstructions on the Easement Area which may injure, endanger or interfere with the construction of the Pipeline or the use or maintenance of the Pipeline. Grantor shall not maintain, place or leave any obstruction, fence, wall or barricade that would obstruct or hinder the Grantee's use of the Easement Area for construction of the Pipeline or the use or maintenance of the Pipeline.