Res 2013-096/Approving an Agreement of Sale with the Trust for Public Land for the city to purchase 93 acres of land for the expansion of Purgatory Creek

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EXHIBIT D Restrictions This conveyance is made subject to: The additional terms and conditions of Exhibit " " to this deed, which exhibit is attached hereto and made a part hereof. Example Exhibit Language Exhibit " " Using Federal funding by the Secretary of the Interior, this real property (known as the Barker Tract B -1 Parcel) was acquired with an Endangered Species Recovery Land Acquisition Grant No. XYZ to Texas Parks and Wildlife (TPWD), as grantee, and the City of San Marcos, TX, as subgrantee, awarded on XYZ 2013, with an effective date of XYZ 2012/3. The 92.73 -acre property, located in Hays County and described previously, is being acquired for the purpose of protecting the breeding habitat for the Golden - cheeked warbler. Grantee /subgrantee are responsible for exercising sufficient control over real property to ensure that the property is used for the purpose for which it was acquired. In the event that the real property can no longer serve the purpose for which acquired, or the grantee /subgrantee fail to comply with the terms and conditions for long -term conservation of the real property after having been given written notice of such alleged failure and a reasonable opportunity to cure the same, the real property acquired with Endangered Species Recovery Land Acquisition grant funds from the Fish and Wildlife Service (FWS), and the dollars used as a match for the grant shall be subject to transfer, replacement, or repayment proportionally to the United States in accordance 43 CFR 12.71 (c), per instructions from the FWS, the awarding agency. Grantee /subgrantee also assures nondiscrimination during the useful life of the project.