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1999V3443P183443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] ST ATE OF TEXAS RIGHT -OF -W A y AGREEMENT KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS MADE, this J ( day of /1.{ '...cL. .' 1999, between WESTFIELD ADDITION ~TD., a Texas Limited Partnership (hereinafter called "GRANTOR") and the CITY OF COLLEGE STAnON, a Texas Municipal Corporation, Brazos County, Texas (hereinafter called "GRANTEE"); w I T N E S S E T H: FOR AND IN CONSIDERATION of the sum ofTEN and NO/100 DOLLARS ($10.00) in hand paid, the receipt whereof is hereby acknowledged, the GRANTOR hereby GIVES and DONA TES the property hereinafter described to the GRANTEE for a perpetual easement for public utilities and a street; and GRANTEE shall have the right to construct, use, operate, inspect, repair, maintain, reconstruct, modify, and maintain such as a street, and further may construct, operate, and maintain electric transmission and distribution lines, water lines, sanitary sewer lines, connecting lines, access facilities, storm sewers, collection facilities, television, telephone and communications lines, and any other municipal purposes, on, over, across, and under that portion of GRANTOR's property described as follows' All that certain tract or parcel of land lying and being situated in the Robert Stevenson Survey, Abstract No.54, College Station, Brazos County, Texas. Said tract being a portion of a called 14.095 acre tract as described by a deed to Westfield Addition, Ltd., recorded in Volume 2968, Page 136, of the Official Records of Brazos County, Texas; more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof. GRANTOR grants to GRANTEE the right of ingress Jand egress over I GRANTOR's adjacent lands to or from said easement for the purpose of in~ecting, maintaining, constructing, reconstructing, repairing, operating, and/or removing sai4,1 public utility systems and/or public street and any or all fixtures and appurtenances thereto~!'including guy lines and 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] anchors; the right to cut or trim trees and other foliage, roots, brush and other obstructions within or along the easement, to the extent, in the sole reasonable judgm~nt of GRANTEE, as may be necessary to prevent possible interference with the operation of said facilities and/or equipment or to remove possible hazards thereto. 2. GRANTOR further covenants and agrees that no part of improvements constructed, erected or placed on said land by GRANTEE shall be or become or be considered as bei~g affixed to or a part of said property and that all improvements of every kind and nature constructed, erected or placed on said land or any part thereof by GRANTEE, or its licensee, shall remain the property of the GRANTEE. js \0: \group \legal\project\graham \ westjld2 .doc 3/11/99 0 3 4 4 3 0 0 0 1 8 3 GRANTEE shall repair any damage to and/or restore the GRANTOR's property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement. 4. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above-described uses of said surface by GRANTEE, and agrees to lender's subordinations on behalf of GRANTEE upon request. WESTFIELD ADDITION, L ill. a Texas Limited Partnership By Its General Partner LICK CREEK DEVELOPMENT, INC., a Texas Corporation BY: =~ -b~ ~-- GLENN [YNCH, President and Director 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] STATE OF TEXAS * * COUNTY OF PA 12KE,e,. * ACKNOWLEDGMENT This instrument was acknowledged before me on the 31 :sr day of M A f.l!..J.f , 1999, by GLENN L YNCH as President and Director of Lick Creek Development, Inc., a Texas Corporation, and General Partner of Westfield Addition, Ltd., a Texas Limited Partnership, on behalf of said limited partnership. PREP ARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Project Info: Graham Road Widening Project Tract #S12 RETURN ORIGINAL DOCUMENT TO: City ofCollege Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 -2 - js\o: \group I/egal\project\graham \ westjld3 .doc 3////99 0 3 4 4 3 0 0 0 1 9 0682372 TRACT s 12 METES AND BOUNDS DESCRIPTION OFA 0.0317 ACRE TRACT ROBERT STEVENSON SURVEY, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS :METES AND BOUNDS DESCRIPnON OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND L YING AND BEING SITUATED IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54, COLLEGE STAnON, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 14.095 ACRE TRACT AS DESCRIBED BY A DEED TO WESTFIELD ADDmON, Lm. RECORDED IN VOLUIvfE 2968, PAGE 136 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING SOUTHEAST RIGHT-OF-WAY LINE OF GRAHAM ROAD MARKING THE COMMON 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] CORNER OF SAID 14.095 ACRE TRACT AND A CALLED 6.006 ACRE TRACT AS DESCRIBED BY A DEED TO CONCEPT PROPERTIES OF TEXAS, INC. RECORDED IN VOLUME 2765, PAGE 48 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A CONCRETE RIGHT -OF- WAY MARKER FOUND ON THE SOUTHEAST LINE OF GRAHAM ROAD MARKING THE NORTHWEST CORNER OF A CALLED 35.854 ACRE TRACT AS DESCRIBED BY A DEED TO LICK CREEK, LTD., RECORDED IN VOLUME 813, PAGE 555 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, BEARS: N 42 ° 01' 16" E FOR A DISTANCE OF 5940.74 FEET FROM WInCH A CONCRETE RIGHT -OF- W AY MARKING FOUND ON THE SOUTHWEST LINE OF STATE HIGHWAY NO.6 (VARIABLE WIDTH RO.W. AT THIS POINT) MARKING A NORTH CORNER OF SAID 35.854 ACRE TRACT BEARS: S 82° 221 35" E FOR A DISTANCE OF 79.03 FEET, AND A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF GRAHAM ROAD MARKING A SOUTH CORNER OF A CALLED REMAINDER OF A 2.60 ACRE TRACT DESCRIBED AS TRACT THREE, EXHIBIT "A" BY A DEED TO RS.S. INVESTMENTS, INC., RECORDED IN VOLUME 2766, PAGE 333 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, BEARS: S 57° 34150" W FOR A DISTANCE OF 257.10 FEET FROM WInCH A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF VICTORIA A VENUE (70' RO. W.) MARKING A SOUTH CORNER OF SAID REMAINDER OF 2.60 ACRE TRACT BEARS: S 86° 54' 17" W FOR A CHORD DISTANCE OF 35.40 FEET; THENCE: N 41° 59' 26" E ALONG THE EXISTING SOUTHEAST LINE OF GRAHAM ROAD FOR A DISTANCE OF 474.97 FEET TO A POINT MARKING THE COMM:ON CORNER OF SAID 14.095 ACRE TRACT AND A CALLED 9.786 ACRE TRACT AS DESCRIBED BY A 812 PO I EXHIBIT A 0 3 4 4 3 0 0 0 2 0 0682372 ~ TRACT S12 DEED TO WESTFIELD ADDITION, Lm. RECORDED IN VOLUME 2968, PAGE 133 OF THE OFFICIAL PUBLIC RECO~S OF BRAZOS COUNTY, TEXAS; THENCE: S 48° 10' 31" E ALONG THE CO:M:MON LINE OF SAID 14.095 ACRE TRACT AND SAID 9.786 ACRE TRACT, AT 0.21 FEET PASS A 1/2 INCH IRON ROD FOUND, .CONTINUE ON FOR A TOTAL DISTANCE OF 2.75 FEET TO A POINT ON THE PROPOSED SOUTHEAST LINE OF GRAHAM ROAD; THENCE: S 41° 57' 09" W THROUGH SAID 14.095 ACRE TRACT AND ALONG THE PROPOSED SOUTHEAST LINE OF GRAHAM ROAD FOR A DISTANCE OF 474.96 FEET TO A POINT ON THE CO~ON LINE OF SAID 14.095 ACRE TRACT AND SAID 6.006 ACRE TRACT; THENCE: N 48° 20' 21" W ALONG THE CO:rvI:M:ON LINE OF SAID 14.095 ACRE TRACT AND SAID 6.0Q6 ACRE TRACT FOR A DISTANCE OF 3.06 FEET TO THE POINT OF llE-GINNING...CONTAINING 0.0317 OF AN ACRE (1379 SQUARE FEET) OF LAND MORE eR LESS AS SURVEYED ON THE GROUND DECE:MBER, 1998. FOR MORE DESCRIPTIVE INF~Tl{)N SEE PLAT PREPARED JANUARY, 1999. BEARING ORIENTATION 'SHOWN HEREIN IS BASED OF GRID NORTH AS ESTABLISHED FROM CITY OF COLLEGE STATION GPS MONUMENTS. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 D:\work\tractsI2.mab Revised 02-01-99 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] 1; -1 si PG2 i- .,. '-0 ~ 0:: .,. .u ~ 0') ~ '- ~ '- 0.. 'tko~ '4 0- Ob , ~ 2 - . ~ - ~ ~ . :! ;:;::; ~ ~ i ~ ~ ~ "' Q, 0 3 4 4 3 0 0 0 2 1 §J :J;) --q -~ ~ rIJ 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] - ~ '- ~ ttJ I -~ :"?1 ~ ~ "$ ~ r") ." ~ ~ 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM] 3443p18 https://maps.cstx.gov/EasementScans/HTM/V3443P018/V3443P018.HTM[8/2/2016 1:46:05 PM]