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<br />D. <br /> <br />fo/f <br /> <br />#5 - State Hwy. 21 existing customers with <br />their present property limits before intersection <br />with Hwy. 80 (pM 80) addresses: <br /> <br />To City of San Marcos <br /> <br />1. Tex D.G.T. <br />1710 Hwy. 21 <br /> <br />2. B.J. Hageman <br />2100 Hwy. 21 <br /> <br />3. Clifford Johnson <br />2010 Hwy. 21 <br /> <br />Maps attached and included by reference are Exhibit "A" [letter size] and Exhibit "B" [large map <br />sheet]. <br /> <br />B. <br /> <br />Each party agrees to adjustment of respective TNRCC application boundaries or existing <br />certificated boundaries to effect the above agreement. Descriptions shall be specific in <br />inclusion of land marks, such as roads, power lines, or property lines to avoid any future <br />confusion as to areas that are certificated. <br /> <br />C. <br /> <br />Parties have had certain tentative. non-bindim?: discussions with respect to City of San <br />. <br />Marcos locating its surface water treatment plant and with respect to the portion of <br />property NW of the LCRA power line. San Marcos has evidenced a desire to possibly <br />locate its surface water treatment plant on Area 3 [Armstrong/Cummings], in which case <br />Maxwell has indicated it would agree to recede from the area of such acquisition for the <br />proposed plant. In response, San Marcos agreed to revisit the boundary lines on CR <br />101(w) to Westerfield Crossing for the purpose of M~'(well providing retail service to <br />eitherlboth sides of CR 101. Alternatively, San Marcos has stated that San Marcos may <br />desire to locate the San Marcos surface water treatment plant on the area to be certificated <br />to M~'(well S.E. of the LCRA electric power line (vicinity Gary Job Corps). In response, <br />Maxwell has stated that it will not oppose relinquishing that site for the surface water <br />treatment plant to San Marcos and San Marcos in turn agreed to revisit the possibility of <br />relinquishment of the area NW of the LCRA power line to M~'(well. <br /> <br />All of these possibilities described in the paragraph "C" are merely discussion items and <br />are here recorded for the information of future participants and policy makers as <br />aspirational discussion of a non-binding nature, as contrasted with the binding nature and <br />effect of the presently effective agreements in paragraphs "A" and "B" above. <br /> <br />Each of the parties do acknowledge the mutual benefits to the agreement represented in <br />paragraphs "A" & "B" above, and acknowledge the consideration that accrues to each <br />party in connection with resolving the conflicting CCN applications and certain existing <br />CCN boundary (Area 5), and hereby declare the agreement in force [subject only to the <br />jurisdiction of the TNRCC]. <br /> <br />2 <br />