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<br /> J'i,lf <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 />asslgns, 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 /> COVENANTS <br /> GRANTOR further covenants to maintain certain storm water <br />detention facilities to be constructed in the above-described <br />easement (the "Detention Facilities") pursuant to the terms and <br />conditions set forth below. The Detention Facilities are described <br />by plans and specifications approved by the city of San Marcos <br />Department of Engineering, which plans and specifications are <br />incorporated herein and made a part hereof by reference. <br /> The terms and conditions of this covenant to maintain the <br />Detention Facilities are as follows: <br /> ~ <br /> 1. GRANTOR will, at its expense, take appropriate measures <br />for the proper and reasonable maintenance of the Detention <br />Facilities, and GRANTEE shall not be responsible for same. Such <br />measures shall ordinarily include the following: <br /> (A) Proper maintenance of the vegetation covering the <br />surface of the Detention Facilities, including mowing not less than <br />four (4) times per year at such times as may be dictated by the <br />seasons, and replanting of vegetation as reasonably necessary to <br />the proper functionality of the Detention Facilities. <br /> . <br /> (B) Removal of trash, debris and constrictions to the <br />inlets/outlets, at the same times as mowing of the vegetation, and <br />at other times as reasonably necessary to the proper functionality <br />of the Detention Facilities. <br /> (C) Periodic (at least annual) sedimentation inspection <br />and analysis, and appropriate maintenance, each as determined by <br />GRANTOR, to ensure capacity and functionality of the Detention <br />Facilities. <br /> 2. GRANTEE shall have the right of reasonable inspection of <br />the Detention Facilities at reasonable times (such inspection to be <br />at the expense of GRANTEE) to determine whether GRANTOR is <br />fulfilling its obligations hereunder. <br />30047958.1 122292 1656C 89838858 2 <br />