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<br /> 66 <br /> WATER LINE OPERATING AGREEMENT <br /> BETWEEN MAXWELL WATER SUPPLY CORPORATION <br /> AND THE CITY OF SAN MARCOS <br /> This Agreement is by and between Maxwell Water Supply <br /> corporation, (hereafter "Maxwell"), and the city of San Marcos, <br /> a home rule city, (hereafter "San Marcos"), and is as follows: <br /> RECITALS <br /> WHEREAS, San Marcos has obtained an easement for its <br /> l6-inch water transmission main paralleling IH-35 North pursuant <br /> to two Warranty Deeds Granting Underground Public utility <br /> Easement recorded at Volume 813, Page 462, and Volume 813, Page <br /> 475, Real Property Records, Hays, Texas; and <br /> WHEREAS, Maxwell has obtained an easement for its 4-inch <br /> water line that is generally located within a I5-foot strip of <br /> land contiguous with the westerly line of the tract owned by the <br /> grantors in the foregoing warranty deeds, which westerly line is <br /> also the east line of IH-35, and which water line enters that <br /> property at the south where it adjoins the Blanco River, and <br /> leaves on the north at the south line of the adjacent Reasoner <br /> property, which easement was acquired by Maxwell pursuant to a <br /> right-of-way easement recorded at Volume 240, Page 746, Real <br /> Property Records, Hays, Texas, and, to the extent it was not <br /> granted by the foregoing document, Maxwell claims the easement <br /> by prescription; and <br /> WHEREAS, San Marcos and Maxwell desire to enter into an <br /> agreement to facilitate their joint use and operation of these <br />