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reason the plan is not approved, the City will State
their reasons in writing for their disapproval and will
give McKeithan a reasonable opportunity to make any
necessary changes or corrections that might be necessary
to meet their approval.
c. McKeithan shall obtain any easements or permits from the
Texas Highway Department that may be necessary to enable him
to install a sewer line from his property down the highway
right-of-way to Smith Branch.
5. The City's consent to this agreement shall be by a duly
adopted resolution or motion in accordance with the provi-
sions of Article 6252-17, V.A.T.S. and affixed hereto.
Covenants and Obligations of Southwestern University, Inc.
Southwestern covenants and agrees as follows:
1. Southwestern will act in good faith and take no action of
any kind, either directly or indirectly, that would interfere
in any way with McKeithan's valid use of Permit No. 2702 for
water and sewer service.
2. Southwestern will act in good faith and take no action of
any kind, either directly or indirectly that would interfere
in any way with:
a. McKeithan's obtaining an oversizing agreement with
the City;
b. McKeithan's engineering plans for installation of
the sewer line or the City's consideration and approval
of such engineering plan;
c. McKeithan's application for or obtaining of any
easements or permits from the Texas Highway Department
that may be necessary to enable him to install a sewer
line from his property down the highway right-of-way to
Smith Branch.
Covenants and Obligations of Earl McKeithan
McKeithan covenants and agrees as follows:
1. McKeithan will enter into an oversizing agreement with
the City on the same terms and conditions that the City nor-
mally requires from others who are required to inter into
such a oversize agreement for the installation of a sewer
line. McKeithan will bear the cost of installing the sewer
line from his property to the trunk line of Smith Branch,
except that the costs which result from the City's oversizing
2. Upon application to the City and payment of the standard
fee, the City and Sams agree to grant a permit for water and
service for the tract for the tract immediately adjacent to
the west of McKeithan's property, which property is currently
owned by Doris Gates Pierce.
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3. The City agrees not to take any action of any kind to
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annex McKeithan's property or the tract immediately adjacent
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to his to the west which is presently owned by Doris Gates
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Pierce for a period of 120 days from the date hereof.
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4. The City and Sams agree to act in good faith in all things
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to give full effect to the City water and sewer permit No
2702 and further agrees not to inhibit or interfere in any
way with McKeithan's attempts to comply with the three afore-
mentioned conditions to such permit.
5. The City's consent to this agreement shall be by a duly
adopted resolution or motion in accordance with the provi-
sions of Article 6252-17, V.A.T.S. and affixed hereto.
Covenants and Obligations of Southwestern University, Inc.
Southwestern covenants and agrees as follows:
1. Southwestern will act in good faith and take no action of
any kind, either directly or indirectly, that would interfere
in any way with McKeithan's valid use of Permit No. 2702 for
water and sewer service.
2. Southwestern will act in good faith and take no action of
any kind, either directly or indirectly that would interfere
in any way with:
a. McKeithan's obtaining an oversizing agreement with
the City;
b. McKeithan's engineering plans for installation of
the sewer line or the City's consideration and approval
of such engineering plan;
c. McKeithan's application for or obtaining of any
easements or permits from the Texas Highway Department
that may be necessary to enable him to install a sewer
line from his property down the highway right-of-way to
Smith Branch.
Covenants and Obligations of Earl McKeithan
McKeithan covenants and agrees as follows:
1. McKeithan will enter into an oversizing agreement with
the City on the same terms and conditions that the City nor-
mally requires from others who are required to inter into
such a oversize agreement for the installation of a sewer
line. McKeithan will bear the cost of installing the sewer
line from his property to the trunk line of Smith Branch,
except that the costs which result from the City's oversizing