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<br /> 78 <br /> .. ~;....: lOll.. <br /> P¡. ~ ¿W <br /> FIRST AMENDMENT TO DRAINAGE EASEMENT <br /> AND MAINTENANCE AGREEMENT <br /> STATE OF TEXAS § <br /> § KNOW ALL MEN BY THESE PRESENTS: <br /> COUNTY OF HAYS § <br /> RECITALS <br /> A. San Marcos Factory stores, Ltd., a Texas limited <br /> partnership ("Grantor"), and the city of San Marcos, a political <br /> subdivision of the State of Texas ("Grantee"), have executed that <br /> certain Drainage Easement and Maintenance Agreement (the "Easement <br /> Agreement") dated December 29, 1992 and recorded in Volume 966, <br /> Page 296 in the Real Property Records of Hays County, Texas. <br /> B. Grantor desires to grant additional real property to be <br /> included in the easement granted by the Easement Agreement and <br /> subject to the Easement Agreement, and Grantee desires to accept <br /> such grant of additional real property. <br /> GRANT <br /> That Grantor, together with its successors and assigns, for <br /> and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) <br /> and other valuable consideration to Grantor in >¿ hand paid by <br /> Grantee, the receipt and sufficiency of which is hereby <br /> acknowledged and confessed and for which no lien or encumbrance, <br /> expressed or implied, is retained, has this day GRANTED and <br /> CONVEYED and by these presents does GRANT and CONVEY unto the <br /> Grantee, an easement for the construction and maintenance of a <br /> storm water drainage way and related storm water detention <br /> facilities upon and across the following described property, to- <br /> wit: <br /> That certain tract of land situated in Hays County, <br /> Texas, and being more particularly described by metes and <br /> bounds in Exhibit "A" which is ~ttached hereto and made <br /> a part hereof (the "Additional Easement Property"). <br /> This conveyance is made subject to the exceptions stated on <br /> Exhibit "B" hereto. <br /> TO HAVE AND TO HOLD the above-described easement, together <br /> with all and singular the rights and appurtenances thereto in any <br /> way belonging, unto the said Grantee, its successors and assigns, <br /> forever; and Grantor does hereby bind itself, its successors and <br /> assigns, to WARRANT AND DEFEND FOREVER all and singular the said <br /> easement unto the said Grantee and its successors and assigns <br /> against every person whomsoever lawfully claiming or to claim the <br /> same or any part thereof, by, through, or under Grantor, but not <br /> otherwise. <br /> 30060640.1 040993 953C 92052851 <br />