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LETTER AGREEMENT <br /> <br />67. <br /> <br /> This Letter Agreement (the "Agreement") is made effective as of this 1st day of <br />August, 2003, by and between John J. Edgell, Jr. and wife, Lucy Edgell (Grantor") and <br />the City of San Marcos, Texas ("City"). <br /> <br /> Wll~,REAS, pursuant to a City of San Marcos Wastewater Easement of even <br />date herewith between Grantor and City (copy attached hereto), Grantor has granted to <br />City certain rights to lands described in the City of San Marcos Wastewater Easement; <br />and <br /> <br /> WI~EREAS, the parties desire to set forth their agreement with respect to the <br />consideration provided Grantor pursuant to the City of San Marcos Wastewater Easement <br />as a result of the rights granted to the City therein; <br /> <br /> NOW TIlER. El?ORE, for good and valuable consideration, the receipt and <br />adequacy of which are hereby acknowledged, the parties hereto agree as follows; <br /> <br />Subject to the approval of the City Council, the City agrees to pay $36,000.00 as <br />just compensation including cash consideration and damages paid for the <br />easement, including: <br /> a. $14,713.00 replacement value of existing improvements, including smoke <br /> house and greenhouse slab; <br /> b. $21,287.00 as consideration for permanent easement and damages to <br /> remainder of Grantor's property; <br />It is understood and agreed that the just compensation described herein does not <br />include any damages to Seller's remaining land arising out of construction, use, <br />maintenance, or repair of the permitted utility system; <br /> <br />In the event any contaminated soils are encountered during the construction of the <br />proposed wastewater pipeline, City shall dispose of the contaminated soils <br />according to governmental regulation and industry standards; <br /> <br />All construction operations (initial and secondary as hereinafter described) <br />conducted on the property shall be conducted weekdays during regular business <br />hours; <br /> <br />4. City shall repair and/or replace any damages occurring on the subject property as <br /> a result of City's construction operations on the property; <br /> <br />5. City acknowledges the easement conveyed herein is subject to an existing <br /> easement in favor of the Lower Colorado River Authority; <br /> <br />Environment & Engineering Dept. 630 East Hopkins · San Marcos, Texas 78666.512/393-8130.FAX <br /> 512/396-3796 <br /> <br /> <br />