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<br /> .54 <br /> 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. This instrument is intended to satisfy conditions <br /> attached to the approval given by the Planning Commission of the <br /> City of San Marcos on October 13,1992 to the Resubdivision Plat of <br /> Factory Shops Subdivision (the "Subdivision"). This instrument is <br /> to be recorded in the Real Property Records of Hays County, Texas <br /> prior to the recording of the Subdivision. <br /> B. The Detention Facilities (as such term is hereafter <br /> defined) to be constructed on the Easement Property (as such term <br /> is hereafter defined) are intended to attenuate storm drainage <br /> flows upstream from the Subdivision on Cottonwood Creek in order to <br /> offset drainage flows resulting from the development planned for <br /> and presently situated upon the Subdivision, so that drainage flows <br /> emitted at the downstream side of the Subdivision after completion <br /> of the development do not exceed in volume or velocity the, flows <br /> emitted at such side of the Subdivision prior to ~ts development. <br /> References in this instrument to the "function," IIcapacity" or <br /> "functionality" of the Detention Facilities are to be interpreted <br /> in this context. <br /> GRANT <br /> That San Marcos Factory Stores, Ltd., a Texas limited <br /> partnership, together with its successors and assigns, hereinafter <br /> referred to as "GRANTOR", for and in consideration of the sum of <br /> TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to <br /> GRANTOR in hand paid by the City. of San Marcos, a political <br /> subdivision of the State of Texas, hereinafter referred to as <br /> "GRANTEEII, 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 said <br /> City of San Marcos, an easement for the construction and <br /> maintenance of a storm water drainage way and related storm water <br /> detention facilities upon and across the following described <br /> property, to-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 IIAII which is attached hereto and made <br /> a part hereof (the IIEasement Property"). <br /> 30047958.1 122292 1656C 89838858 <br />