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<br /> 39 <br /> SETTLEMENT AGREEMENT <br /> This Settlement Agreement (the "Agreement") is between B. J. <br /> Allen and Odessa Allen (sometimes collectively referred to herein <br /> as the "AlIens") on the one hand and the City of San Marcos, <br /> Texas (the "City") on the other hand. <br /> WHEREAS, the AlIens are the owners of certain real property <br /> in Hays County, Texas described on the attached Exhibit "A" (the <br /> " Property" ) ¡ and <br /> WHEREAS, there are presently two electrical utility lines <br /> crossing the back yard of the Property in order to supply <br /> residential electrical service to lots other than the Property <br /> (the "Electrical Utility Lines")¡ and <br /> WHEREAS, the AlIens have filed Cause No. 88-0501 B. J. Allen <br /> <br /> and Odessa Allen v. The City of San Marcos. Texas¡ In the 274th <br /> <br /> District Court of Hays County, Texas (the" Lawsui t") to seek the <br /> removal or reconfiguration of the Electrical Utility Li nes and <br /> damages ¡ and <br /> WHEREAS, the City has filed an answer in the Lawsuit <br /> alleging that it has an express or prescriptive easement for the <br /> Electrical Utility Lines; and <br /> WHEREAS, the AlIens and the City desire to settle any and <br /> all claims and causes of action between them relating to or <br /> arising out of the claims asserted in the Lawsuit. <br /> NOW, THEREFORE, for and in consideration of the mutual <br /> promises and releases contained herein, including the recitals <br /> set forth above, the AlIens and the City agree as follows: <br /> F: \jparker\15391\OOO3\sett Ie. 4 <br />