Res 2012-007 - Laserfiche WebLink

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CONSERVATION EASEMENT Date: January 31, 2012 Grantor: The City of San Marcos (the "City "), 630 E. Hopkins Street, San Marcos, Hays County, Texas 78666 Grantee: The Edwards Aquifer Authority (the "Authority "), 1615 N. St. Mary's Street, San Antonio, Bexar County, Texas 78215 Easement Area: The 107.00 acre tract of property in Hays County, Texas described on the attached Exhibit A incorporated herein by reference. Consideration: $10.00 and other good and valuable consideration. Conservation Values: The Easement Area possesses significant natural, ecological, and aesthetic values for conservation purposes (collectively, the "Conservation Values ") which are of importance to the City and the Authority, to the people of Hays County, and to the people of the State of Texas, and which include, but are not necessarily limited to, natural resource, ecological, and scientific values, including wildlife and plant resources. The Conservation Values include (but are not necessarily limited to) habitats essential to maintaining the quality and quantity of recharge in the Edwards Aquifer and various natural communities of plant and animal species described further below. The current characteristics and condition of the Easement Area are described in a baseline documentation report mutually agreed upon, signed and acknowledged by both parties for purposes of having a complete and accurate description of the Easement Area as of the date of this Easement. Conveyance: Subject to the reservations from and exceptions to Conveyance and Warranty, the City grants, conveys and warrants to the Authority a conservation easement in perpetuity over, across and within the Easement Area. The terms of this conservation easement (this "Easement ") are as follows: 1. Purposes of this Easement. The Easement Area is in a substantially undisturbed natural condition and the City and the Authority desire to protect the Conservation Values and integrity of the Easement Area from misuse, waste, or residential, industrial, or commercial development in perpetuity. Any activity on or use of the Easement Area inconsistent with the purposes of this Easement is prohibited, and neither party shall knowingly allow others to perform acts on the Easement Area that would violate this Easement. The purposes of this Easement, together with a non - exclusive listing of activities and uses which are expressly prohibited or expressly allowed, are as follows: Page 1 of 9 1133456v 1 11212 /01015