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ii. concrete surface <br /> <br />b) The City shall during the reconstruction of Clovis Barker Road <br /> construct the permitted driveway as provided for in condition 2 above; <br /> <br />c) In the event a driveway as described above can not be permitted <br /> through the TXDOT, the City shall notify Grantor in writing of the <br /> cause of said permit rejection and any alternate driveway locations <br /> TXDOT may have approved, and thereafter Grantor shall have the <br /> following optio~zs: <br /> <br />To allow the construction of said alternate driveway TXDOT <br />may have permitted; or <br />Accept as the cash consideration and full payment for the <br />Warranty Deed parcel: <br />1. The sum of $26,040.00, being the value placed on the <br />subject parcel in that certain appraisal as prepared by <br />Dugger, Canaday, Grafe, Inc. dated December 12, <br />2001. Said payment shall be made to Grantor within 10 <br />business days of written notification by Grantor of <br />Grantor's elco/ion to receive the cash consideration <br />described herein; and <br /> 2. As part of the reconstruction project, install a <br /> commercial driveway onto Clovis Barker Road as <br /> illustrated on the attached plan sheet. <br /> <br />5) Access to Grantor's remaining property during construction shall be <br /> maintained at all times. It is understood and agreed that Grantor operates a <br /> commercial gas delivery service from this location that requires accessability <br /> for its delivery and route tracks at all times. <br /> <br />6) The City shall relocate the existing fenced storage yard during the <br /> construction. The City shall relocate the front fence (along Clovis Barker <br /> Road) to a position vdthin Grantor's remaining lands and relocate the back <br /> fence (relative to Clovis Barker Road) to a point such that the total area <br /> enclosed is equal to the area within the fenced yard prior to the construction, <br /> i_e. if 40' is taken off the front the City will reset Grantor's back fence line <br /> sufficient to enclose an additional 40'. <br /> <br />7) The City shall take every reasonable precaution to insure that no damage <br /> occurs to Grantor's gas storage tanks and associated facilities. <br /> <br /> <br />