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<br />I <br /> <br />I <br /> <br />I <br /> <br />200. <br /> <br />Un ~~r <br />A L/it <br /> <br />239892 <br /> <br />DRAIN.DOC 920301 <br />Form Approved, A VP-Law <br /> <br />Folder No. 02370-34 <br /> <br />DRAINAGE FACILITY & WATERWAY <br />AGREEMENT <br /> <br />Mile Post: 208.5, Austm Subdivision <br />LocatIon: San Marcos, Hays County, Texas <br /> <br />TillS AGREEMENT IS made and entered into as of February 13, 2006, by and between <br />UNION PACIFIC RAILROAD COMPANY, a Delaware corporatIOn, (hereinafter the "LIcensor") and <br />CITY OF SAN MARCOS, TEXAS, a Texas municipal corporatIOn to be addressed at 630 E Hopkms <br />Street, , San Marcos, Texas 78666 (heremafter the "LIcensee"). <br /> <br />RECIT ALS: <br /> <br />In order to improve drainage conditIons the LIcensee desires to construct a drainage facihty <br />(mcludes a box culvert and wing walls) m the viclmty of Licensor's right of way at Mile Posts 208.5 on <br />the Austin SubdIvision, located at or near San Marcos, Hays County, Texas (hereinafter the "Premises"). <br /> <br />The dramage facIlitIes to be constructed by the Licensee, at Licensee's expense, on the PremIses <br />are hereinafter collectively referred to as the "Drainage Facility". The Drainage Facility and PremIses are <br />shown on the print dated February 08, 2006, marked Exhibit "A", hereto attached. <br /> <br />The Railroad is agreeable to the Licensee constructing, mamtaming and usmg the Dramage <br />Facility upon the terms and conditIOns set forth herem. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: <br /> <br />Article I. <br /> <br />LICENSOR GRANTS RIGHT. <br /> <br />In consideration of the covenants and agreements herein contained to be by the Licensee kept, <br />observed and performed, the LIcensor hereby grants to the Licensee the right to construct and thereafter, <br />during the term hereof, to maintam and use the Dramage Facihty. <br /> <br />Article II. <br /> <br />CONSTRUCTION WORK TO BE PERFORMED BY LICENSEE. <br /> <br />The Licensee, at ItS sole expense, shall construct the Dramage Facihty and perform the work <br />described in the Recitals above and/or described in ExhibIt "A". <br /> <br />Article III. <br /> <br />CONSTRUCTION. MAINTENANCE AND OPERATION. <br /> <br />The grant of right herem made to the Licensee IS subject to each and all of the terms, proviSIOns, <br />conditIons, hmitations and covenants set forth herein and in Exhibit B, hereto attached. <br /> <br />02370-34.dm <br /> <br />Articles of Agreement <br /> <br />February 13,2006 <br />