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<br />Page 2 <br />MEMORANDUM OF AGREEMENT (CONT'D) <br /> <br /> <br />If negotiations between the City of San Marcos and the Freeman <br />family, or their representatives, does not result in an agreement <br />on the value of the 10,000 square feet of taking for the location <br />of a water tower, a temporary construction easement surrounding the <br />tower site (said easement to be terminated upon completion of the <br />tower construction project), and a water pipeline easement <br />extending from the water tower to the south right-of-way line of <br />Ranch Road 12, thence along and with the south right-of way line of <br />Ranch Road 12 to the northeast corner of the property, then it is <br />understood and agreed that the appraisers of First American <br />Appraisal Consultants, Inc. will act as expert witnesses in any <br />condemnation court hearings that may result. The fee for trial <br />preparation, including depositions and courtroom appearance will be <br />$75 per hour. <br /> <br />The City of San Marcos <br /> <br /> <br />By: ~~, /(hltit Title: City Manager <br />Larry D. -Gilley~ <br /> <br />First'-A;~r;ican Appraisal Consultants, Inc. <br />, //'~-! - <br />i f <br />L \. <br /> <br />n D. Corbit~ MAI, SRA <br />