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<br /> have, known or unknown, now existing or that may arise <br /> hereafter, related in any way to the claims asserted in the <br /> Lawsui t. <br /> 9. In addition to any and all releases that may be accomplished <br /> by the Quitclaim Deed or this Agreement, the City releases, <br /> acquits, and forever discharges the AlIens, their heirs, <br /> successors, and assigns from any and all claims that the <br /> City may have for any easement, whether expres s, implied, <br /> pres cripti ve, or otherwise, on or across the Property other <br /> than the easement that shall be granted by the instrument <br /> that is attached hereto as Exhibit II B. II Notwithstanding the <br /> foregoing, if the AlIens rescind this Agreement pursuant to <br /> paragraph 6, above, the City shall not be deemed to have <br /> released its claim to the City's alleged recorded easement <br /> or its claim to the City's alleged prescriptive easement(s) <br /> across the Property, as described in the pleadings of the <br /> Lawsui t. Prior to the delivery by the AlIens of the <br /> Easement (Exhibit II B" ), the City does not and will not <br /> release the alleged recorded eas ement. Prior to the <br /> delivery by the AlIens of the Easement (Exhibit liB"), the <br /> continuity of the City's alleged prescriptive easement(s) <br /> shall not be deemed to have ended. <br /> 10. This Agreement is being executed by an authorized agent of <br /> the City in accordance with a resolution of the City of San <br /> Marcos dated September 24, 1990. <br /> F: \j pa r k e r \ 15 391 \OOO3\s e t tie. 4 5 <br />