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<br />CITY OF SAN MARCOS PUBLIC UTILITY EASEMENT
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<br />Date: March 7, 2007
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<br />Grantor: St. lohn's Catholic Church, 624 East Hopkins Street, San Marcos, Hays County, TX 78666
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<br />Grantee: City of San Marcos, Texas, 630 E. Hopkins Street, San Marcos, Hays County, TX 78666
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<br />Consideration: Ten Dollars ($10.00) and other valuable consideration.
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<br />Easement Area: All of the 0.413 acre tract of real property described on the attached Exhibit A, which is
<br />incorporated herein for all intents and purposes.
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<br />Grant of Easement: Grantor, for the consideration, grants, bargains, sells and conveys unto Grantee, its
<br />successors and assigns, a perpetual easement and right-of-way for the purpose oflaying, erecting, constructing,
<br />operating, repairing, replacing, upgrading, enlarging, relocating and maintaining public utility (including,
<br />without limitation, water, wastewater, natural gas, cable, electric, communications or other utility) facilities and
<br />any and all related appurtenances (including, without limitation, all necessary valves, fittings, appliances,
<br />devices, manholes, vents, poles, guys, junction boxes, switches and any other appurtenances (the utility
<br />facilities and related appurtenances being referred to collectively as the "Utility I'aeilities"), and whether the
<br />Utility Facilities are located on, below or above the surface of the real property) upon, over, across, through
<br />and under the Easement Area of the real property which Grantor owns ("Grantor's Pf'operty"), together with
<br />surface uses incidental thereto, including the free right of ingress and egress over and across the Easement Area
<br />and the remainder of the Grantor's Property, and the right to excavate and refill ditches and trenches for the
<br />construction, repair, replacement, upgrading, relocation, maintenance and operation of the Pipelines (the
<br />foregoing grant and rights being collectively referred to herein as the "Easement"), to have and to hold it to
<br />Grantee and Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors,
<br />administrators, successors and assigns to warrant and forever defend this Easement to Grantee and Grantee's
<br />successors and assigns against every person whomever lawfully claiming or to claim the same or any part
<br />thereof.
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<br />Grant of Temporary Easement. It is further understood and agreed that Grantor also grants, bargains, sells
<br />and conveys unto Grantee a temporary easement and right-of-way in connection with the laying and
<br />constructing of the Utility Facilities (the "Temporary Easement"). The Temporary Easement shall allow
<br />Grantee to use the Temporary Easement Area (defined below) to perform the construction of the Utility
<br />Facilities as provided under the Easement granted above. The "Temporltrf Easement Area" shall be strips of
<br />land comprising 0.016 and 0.504 acres of land along and adjoining the Easement Area as specifically described
<br />in the attached Exhibit B. It is understood and agreed that the Temporary Easement shall expire upon the
<br />completion of the construction of the Utility Facilities and restoration of the Easement Area and the Temporary
<br />Easement Area.
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<br />When the context requires, singular nouns and pronouns include the plural.
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<br />GRANTOR: St. lohn's Catholic Church
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<br />By: ~:<>=<- Q<-:f!!!ii
<br />Printed Name and Title:'/ L4 c<:, "7-
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<br />~c. j /;r
<br />Sr. J~"-kl'r
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