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<br /> 179 <br /> ?e~ Vo(,C¡f5 ?'cf5Î( øt-~. <br /> ~)~~~~~ <br /> AGREEMENT RELATING TO ENCROACHMENT <br /> This Agreement Relating to Encroachment ("Agreement") is made <br /> and entered into by and between the City of San Marcos, Texas <br /> ("City"), and the Resolution Trust corporation, as Receiver for <br /> Karnes County Federal Savings & Loan Association ( "RTC"). <br /> R E C I TAL S <br /> 1. RTC is the owner of The Timbers Apartments, a 155 unit <br /> apartment property, situated in the city of San Marcos, Hays <br /> County, Texas, upon the land more particularly described upon <br /> Exhibit A attached hereto and made a part hereof, more commonly <br /> known as 900 peques Street, San Marcos, Texas 78666 (the <br /> "Property"). <br /> 2. A ten foot utility easement along the northwest property <br /> line of the Property in favor of the city was granted by instrument <br /> recorded at Volume 235, Page 156, Deed Records, Hays County, Texas <br /> (the "Easement"). <br /> 3. Three apartment buildings encroached upon the Easement, <br /> as more particularly set forth upon Exhibit B attached hereto and <br /> made a part hereof (the "Encroachment"). <br /> 4. An eight inch water main belonging to the city is located <br /> within the Easement (the "Water Main"). <br /> For valuable consideration, the receipt and sufficiency of <br /> which is hereby acknowledged, the parties hereto hereby agree as <br /> follows: <br /> 1. city acknowledges the existence of the Encroachment and <br /> agrees that the Encroachment does not constitute a nuisance and <br /> that it will take no action to cause the encroaching buildings, or <br /> anyone or more of them, to be moved, removed or reconstructed due <br /> to such encroachment. <br /> 2. So long as City uses reasonable care in the performance <br /> of such maintenance, Owner will not hold City, its officers, agents <br /> or employees responsible for damage to the encroaching portions of <br /> the buildings which may arise out of the city's maintenance of the <br /> Water Main. <br /> 3. This Agreement shall be a covenant running with the land <br /> and shall be binding upon any successor or assign of any rights of <br /> the City and the Owner of the Property under the Easement. <br /> d:\mag1811 \sovcrcig\timbers\cncroach.agt\O81792 1 <br />