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<br />124 <br /> <br />DATE: <br /> <br />ELECTRICAL EASEMENT <br />IS.} <br />October -=-,1999 <br /> <br />GRANTOR: Blackburn Properties of Texas, Ltd. <br />8100 Broadway, Suite 100 <br />San Antonio, Bexar County, Texas 78209 <br /> <br />GRANTEE: City of San Marcos, a Municipal Corporation <br />630 East Hopkins Street <br />San Marcos, Hays County, Texas 78666 <br /> <br />PROPERTY: An electrical easement located in Lots I-A and 2, Block 1 of the Gonzalez <br />Addition as recorded in Volume 8, Page 318 of the Hays County Plat Records. The easement <br />consists of two tracts ofland as depicted in Exhibit A; Tract One containing 2,075 square feet in <br />Lot 2, Block 1; and Tract Two containing 859 square feet in Lot I-A, Block 1, more or less, <br />located in San Marcos, Hays County, Texas. <br /> <br />RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: <br />None. <br /> <br />CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the <br />receipt and sufficiency of which are acknowledged by Grantor. <br /> <br />Grantor, for the consideration stated grants and conveys to Grantee an electrical easement <br />for the purpose of enabling Grantee to lay, construct, reconstruct, operate and maintain electrical <br />utility facilities (the "Facilities"), along, across, through, within and over the Property, and for <br />Grantee's free and uninterrupted use, liberty, privilege and free ingress, egress and regress to the <br />Property. Grantor binds Grantor and Grantor's executors, administrators, successors and assigns <br />to warrant and forever defend all and singular the Property to Grantee and Grantee's successors <br />and assigns against every person whomsoever claiming or to claim the same or any part thereof, <br />to the extent that such claim arises by, through, or under Grantor but not otherwise. <br /> <br />TERMS AND CONDITIONS: The following terms and conditions apply to the easement <br />granted by this agreement: <br /> <br />1. Grantee's right to use the Property is nonexclusive, and Grantor reserves for <br />Grantor and Grantor's heirs, successors and assigns the right to use all or part of the Property in <br />conjunction with Grantee as long as such use by Grantor and Grantor's heirs, successors and <br />assigns does not interfere with the use of the Property by Grantee for the purpose stated herein. <br />Specifically, Grantor reserves the right to pave and landscape the surface of the Property and to <br />use the surface of the Property for parking. <br /> <br />2. Repair and maintenance of the Facilities shall be at the sole expense of Grantee. <br />Grantee must maintain the Facilities in a neat and clean condition. Grantee will promptly restore <br />