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<br /> .. ,--,"--- ----- <br /> 89 <br /> C 0 ~ l) <br /> PARTIAL RELEASE OF EASEKEBl' <br /> STATE OF TEXAS S <br /> S <br /> COUNTY OF HAYS S <br /> WHEREAS, W. L. DONALSON granted to Texas Power & Light Company <br /> an easement (the "Easement") dated October 1, 1936, recorded in Volume <br /> 112, Page 304 of the Hays County Deed Records for the purpose of <br /> constructing, operating and maintaining an electric transmission or <br /> distribution line over and across certain property located in Hays <br /> County, Texas, and described in that Easement; <br /> WHEREAS, the Easement is not defined or limited in location °to <br /> any particular portion of the property covered thereby; <br /> WHEREAS, SENDERA, LTD., a Texas limited partnership ("Owner") <br /> is the current legal owner of certain property located in the SENDERA <br /> SUBDIVISION, a subdivision of the City of San Marcos, Hays County, <br /> Texas, according to the map or plat thereof recorded in Volume 6, <br /> Pages 77-79 of the plat Records of Hays County, Texas; LESS AND EXCEPT <br /> that portion of Lot 11, Block "A," previously platted ~s Lot 12, Block <br /> "A, to PARKLANE GARDEN HOMES, PHASE I, recorded in Volume 5, Page 163, <br /> of the Plat Records of Hays County, Texas (said Sendera Subdivision <br /> and Parklane Garden Homes, Phase I, being collectively called the <br /> "Subdivisions'"); <br /> WHEREAS, Texas Power & Light Company transferred its rights in <br /> the Easement to the Lower Colorado River Authority, and the City of <br /> San Marcos, Texas, subsequently acquired the easement from the Lower <br /> Colorado River Authority and is now the legal owner of the Easement; <br /> WHEREAS, in order to accomplish cqnstruction and obtain financing <br /> within the Subdivisions ( Owner has requested the City of San Marcos ( <br /> Texas, to release the Easement as to all land within the Subdivisions; <br /> and <br /> WHE REAS, the City of San Marcos, Texas, is not presently <br /> utilizing the Easement within the Subdivisions and finds that adequate <br /> utility easements are shown on the plats of the subdivisions and <br /> therefore desires to release the Easement as it pertains to the <br /> Subdivisions. <br /> NOW, THEREFORE, the City of San Marcos, Texas, for Ten Dollars <br /> ($10.00) and other good and valuable consideratior ..1-,.::0 receipt and <br /> fSufficiency of which are hereby acknowledged, he ~\c..'C- '\ ~ ¿ <br /> discharges the Easement and all rights in con; \ \0 Q. <br /> previously granted under the Easement as they pE 0, ,,' ~ <br /> within the Subdivisions; provided that the Easentf 1~ l Cjì ~ <br />