Res 2012-007 - Laserfiche WebLink

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(iv) signage as reasonably necessary for purposes of wayfinding, public education and information consistent with the purposes of this easement, habitat protection and public safety; and (v) water, reclaimed water or wastewater transmission and service lines and related appurtenances, provided any reclaimed water or wastewater lines are designed, installed, maintained and repaired in accordance with: a. then commonly recognized and applicable industry best practices and standards for protection of water quality of water within or entering aquifers such as the Edwards Aquifer; b. applicable laws and regulations; and C. with the prior approval of the Authority, which shall not be unreasonably withheld. B. The City and the Authority entered into a conservation easement dated December 18, 2001 and recorded in Volume 1925, Page 696 of the Official Public Records of Hays County, Texas (the "First Conservation Easement ") for, among other purposes stated therein the preservation of the natural condition of 326 acres of land adjacent to the Easement Area under this easement. The City retained certain rights under the First Conservation Easement to construct, maintain and operate one or more interpretive centers (including gift /snack shops) related to the natural features and ecology of such 326 acre tract of land. In lieu of locating such interpretive center improvements on the adjacent 326 acre tract of land, the City may locate any such interpretive center improvements within the Easement Area under this easement provided the impacts adverse to the purposes of this easement and the First Conservation Easement are equal to or less than the impacts of locating such improvements on the 326 acre adjacent tract. Any improvements under this section are subject to the restrictions and procedures under Section 3.A. C. This Easement shall constitute a covenant and restriction running with the title to the Easement Area, binding on the City and the City's successors and assigns and enuring to the benefit of the Authority and the Authority's successors and assigns. The City covenants and represents that it is the sole owner of the Easement Area in fee simple, has good right and is duly authorized to grant and convey this Easement, subject to existing easements and other encumbrances of record. 4. Miscellaneous Provisions. A. Termination, Amendment, or Assignment. This Easement may only be terminated by a court with competent jurisdiction at the joint request of the City and the Authority in the event that conditions on or surrounding the Easement Area have changed so much that it is impossible to fulfill the purposes of this Easement. This Easement may Page 6 of 9 1133456v 1 11212 /01015