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<br />-2- <br /> <br /> <br /> <br /> <br />intersection within railroad right-of-way and other private easements <br /> <br /> <br />at no cost to the City in substantial accordance with the plans <br /> <br /> <br />and specifications prepared by the Texas Department of Highways and <br /> <br />Public Transportation and the City of San Marcos shown on the Loop 82 <br /> <br /> <br />Right-of-Way Plans Job QSA7: (316,105), dated on or before December 31, <br /> <br /> <br />1989, or as subsequently agreed upon by the parties hereto, in <br /> <br />exchange for the City granting utility easements for SMTC over portions <br /> <br /> <br />of the City Property. This relocation work will begin within sixty <br /> <br /> <br />(60) days of notice to SMTC of project approval by the City of <br /> <br />San Marcos and the Highway Department. <br /> <br /> <br />2. The City agrees to execute the easement in the form attached <br /> <br /> <br />hereto as Attachment 1 at no cost to SMTC, in exchange for SMTC <br /> <br />relocating its utility lines and equipment as set out in paragraph 1 <br /> <br /> <br />above. <br /> <br /> <br />3. The City will notify any and all tenants in possession of the <br /> <br />City Property of the Utility Locations so that current and future <br /> <br /> <br />tenants shall not be entitled to claim damages to the surface or crops <br /> <br /> <br />growing within the easement areas in connection with SMTC's <br /> <br />construction or maintenance activities. <br /> <br /> <br />4. The City and SMTC agree to execute such other and further <br /> <br /> <br />documents as may be reasonably required to effect this Agreement. <br /> <br />Dated this 30th day of August , 1990. <br /> <br /> <br /> <br />COMPANY, CITY OF SAN MARCOS <br /> <br />~ Á.d4 <br />By: . .LJ ..v. jIJ; <br />Lar y DÒGI1le~ <br />City Manager <br /> <br /> <br /> <br />~~ <br />' ~ . ~ <br /> <br />nis K. Wo ack <br />City Secretary <br />