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1979V439P301s — �V � .---------- -` GC-Bryan East ORIGINAL 138-RV Line - '-_ Tract B-5 STATE OF TEXAS, fi. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS Lieven J. Van Rietz Trustee, and Robert Van Riet and Mireille Van..Riet, by That — Lieven J. Van Riet of Harrrms Color Texas, and through their law£u] attorney-in-fact, ty, of County, Texas, hereinafter called "Grantor," whether one or more, for and in Ten Dollars and other valuable consideration. Dollars ($10.00 & OVC ) to, Grantor consideration of in hand paid by Texas Municipal Power Agency, has granted, sold and conveyed and by these presents does grant, sell and convey unto said Agency an easement and right of way for one or more electric power and communication lines, each consis- ting of a variable number of wires, .and all necessary and desirable appurtenances and attachments including poles, H-frames,_ Brazos metal towers, guy wires and guy anchorages, over, across and upon all that certain land in County, Texas, more particularly described as follows: A 70-foot wide power line easement over and across the 44.229-acre tract in the J. W. Scott Survey, A--49, described in Volume 319, Page 142, and more particularly over and across the 11.97-acre tract in the J. W. Scott Survey, A-49, described in Volume of which being more particularly described 198, Page 505, First Tract, the centerline as follows:. Beginning at a point on the northwest line of said tract, said point being 109.4 feet northeast of the west corner of said 11.97-acre tract; thence southeast a distance of 1,359.8 feet, more or less, to a point on the southeast line of said tract. said point also being on the northwest right-of-way line of State Highway #30 and being 209.7 feet northeast of the south corner of said 11.97-acre tract, and containing 2.185 acres, more or less. f The centerline of the easement herein described is to be 30 feet northeast of and parallel to an existing Mobil pipeline as indicated on the plat which is attached hereto and made a part hereof.. F I L E 'clock- F' 1'719 °j r5 NOV 2 7 1979 E- FRANK BORIS K(E ! CO ❑ rk,6 r►hGE �� t. DATE RE CORDED: By Said easement and right of way shall include the right of ingress and egress over, across and upon said land for the purpose of constructing, operating, improving, reconstructing, increasing or reducing the capability, repairing, relocating, inspecting, patrolling, maintaining and removing such electric power and communication lines as the Agency may from time to time find necessary, convenient or desirable to erect thereon, the right to Trim and cut down trees and shrubbery to the extent, in the sole judgment of the Agency necessary to prevent possible interference with the operation of any of said lines or to remove possible hazards thereto, and the- right to remove or prevent the construction on said land of any or all buildings, structures and obstructions. .If any such buildings, structures or obstructions are constructed or permitted by grantor to exist of Agency then the Agency shall have the right to remove same from such land and j l on said land without prior written consent Grantor agrees to pay to Agency the recsonable cost of such removal, and this agreement, Together with the other provisions of this grant, shall constitute a covenant running with the land for the benefit of the Agency, its successors and assigns. The right hereby granted as severable and may be assigned either in whole or in part. - Grantor reserves the right to use said land for general agricultural and grazing purposes, provided such use shall not ` include the growing of trees thereon or any other use that might, in the sole judgment of Agency, interfere with the exercise I by the Agency of the rights hereby granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and use across said land such roads, streets, alleys, railroad tracks, underground telephone cables and conduits and gas, water i and sewer pipe lines as will not interfere with Agency's use of said land for the purposes aforesaid, provided that all such I facilities shall be located at angles of not less than 45 degrees to any of Agency's lines, and shall be so constructed as to provide with respect to Agency's wires and other facilities the minimum clearances provided by law and recognized as stan- dard in the electrical industry. Grantor also reserves the right to erect fences not more than 8 feet high across and upon said '- land provided all such fences shall have gates, openings or removable sections at least 10 feet wide which will permit Agency reasonable access to all parts of said land. i In addition to the consideration above recited for the easement and right of way hereby granted, the Agency will pay to the owner of the land, and if leased, to his tenant, as they may be respectively entitled, for actual damage as done to O timber, fences and growing crops by reason of the construction, maintenance or removal ofsaid lines; provided, however, that 1� no such payment will be made for trimming or removal of trees hereafter permitted to grow on said land, nor for removal of buildings, structures or obstructions erected upon said land after any of said lines are constructed. TO HAVE AND TO HOLD the above described easement and rights unto said Agency its successors and assigns, {. until all of said lines shall be abandoned, and in that event said easement and right of way shall cease and all rights herein i granted shall terminate and revert to Grantor, his heirs, successors or assigns; and Grantor hereby binds himself, his heirs Agency, its and legal representatives, to warrant and forever defend the above described easement and rights unto successors QQ and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. SEE ADDEMUM AM=I�RE'I'0 WHICH IS MADE A ART HEREOF FOR ALL ,I Y� E:( CUT this a of 19 < i nem ed b i en s e I! r; e a e .R f Varr � t 0 sevenJ.e , en an seven J. Van Fa e r, n ��ttorney in c for Mireille Van Att t Vol /-139 Pa.ge302 SINGLE ACKNOWLEDGMENT THE STATE F TEXAS, BEFORE ME, the undersigned, a Notary Public, COUNTY OF inand for said County, Texas, on this day personally appeared Lieven J. Van Riet. Trustee, known'to me to be the person— whose name S subscribed to the foregoing instrument andy�cknowledged 'to, therein me that he excuted the same for the purposes and consideration therein expressed. —arid in ,i` fie eapaei j A. D. 19- stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Th' ay of � . i r_ .0 -A'� CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, l BEFORE ME, the undersigned, a Notary Public, COUNTY OF inand for said County, Texas, on this day personally appeared _ known to me to be the person and officer me that the same was the act of the said whose name is subscribed to the foregoing instrument and acknowledged to a corporation, and that lie executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. A. D. 19._ GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of (L. S.) o "co « L 0 � b f� E, a v V q A Q O O U A U v w a � 0 U o w o � o -o V0 x .•- U u O O I V ^ U o E T •-_ r o o y U W m v I L 0 u C7: f� q O U A v w a � 0 U w mi, Z Q O 13 PG \�0 1k � 3 " '� • � rp 3 mss-- � Po✓✓ER L i✓1� 6(0/ vol P age303 DATE ACTIVITY NO. BY 3/7/97 , 3/9//¢2 TEXAS MUNICIPAL POWER AGENCY / ".'`�p0� SERVING THE CITIES OF Z BRYAN • DENTON •GARLAND • GREENVILLE ILUDRAWING NUMBER `� Li�vEN J.. VAN /F45 T ¢¢ 229 4c) r,0209 85 W - o .- -j v01 9 age 3� ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF , Before me, the undersigned, a Notary Public in and for said County, on this day personally appeared Lieven J. Van Riet, known to me to be the person whose name is subscribed to the foregoing instrument, as the attorney in fact of.Robert Van Riet, and acknowthe eto ledged to me that he subscribed the name of Robert Van Rie- as principal and his own name as attorney in fact, and executed the same for the purposes and consideration therein expressed o` d1, in the capacity therein stated. w....... HAND AND SEAL OF OFFICE, on this the 4& d4 `_of GIVEN UNDER MY •r-: ` ;� 1979. o 'No Publi in and for County, Tex s ACKNOWLEDGEMENT .LHE STATE OF TEXAS COUNTY OF ` Before me, the undersigned, a Notary Public in and for said County, on this day personally appeared Lieven J. Van Riet, known to me to be the person whose name is subscribed to the foregoing instrument, as the attorney in fact of Mireille Van Riet, and,,,aeknow- 'b d the name of Mireille Van Rk�t�Gi'1 ledged to me that he subscri e as principal and his own name as attorney in fact, and exc33ftehe-,% same for the purposes and consideration therein expressed�,"�n` the capacity therein stated. A 7.0A 09=2 NDER MY HAND AND SEAL OF 1979. , on this the tary Public A and for County, Texas V ADDENDUM TO RIGHT OF WAY AGREEMENT. BY AND BETWEEN LIEVEN J. VAN RIET, TRUSTEE.9 ET AL, AND TEXAS MUNICIPAL PO ,AGENCY, DATED THE _$DAY OF , 19.79 Any provision contained in the foregoing instrument to the contrary notwithstanding, it is understood and agreed that the term "Land1° used in said instrument shall mean only the easement and right of way granted by the Grantor therein, and not any other part or portion of the 44.229 acre tract or the 11.97 acre tract referred to therein. Any provision contained in the foregoing instrument to the contrary notwithstanding, it is understood and agreed that this right of way and easement is granted, sold and conveyed subject to any and all rights previously granted in and to the said property to any other person, persons, companies, or entities for purposes of utilities, pipelines, Oil, Gas or Mineral Leases or Mortgages, or any purpose whatsoever, in- cluding but limited to the following: 1. Deed of Trust executed by Jerry P. Windham, et ux, to Phillip B. Goode, Trustee, for the benefit of Carl W. Landiss, et ux, dated April 24, 1972, recorded in Volume 158, Page 799, Deed of Trust Records of Brazos County, Texas, assumed by Lieven J. Van Riet, Trustee, in deed recorded in.Volume 319, Page 142, Deed -Records of Brazos County, Texas, and additionally secured by Assumption Deed of Trust recorded in Volume 1722 Page 121, Deed of Trust Records of Brazos County, Texas. 2. ROW easement executed by E. U. Peters, et ux, to the City of Bryan, dated , recorded in Volume 98, Page 90, Deed Records of Brazos County, Texas. 3. ROW easement executed by E. U. Peters, et ux, to Magnolia Pipe Line Co., dated Oct. 30, 1964, recorded in Vol. 127, Page 411, Deed Records of Brazos County, Texas. 4. Title to any portion of the captioned property lying within the bounds of any public road or highway traversing the property. 5. Such easements as have been acquired across said property by use or by written easement. Vol RPager Vol'fPage-3-011) Provided further, the Grantee herein, Texas Municipal Power Agency, hereby indemnifies and agrees to hold Grantor, Grantor's heirs, executors, successors and assigns harmless against any claims st Grantor because of the use and enjoy brought or actions filed again - went of the right of way and easement herein granted and/or work performed thereon and with regard to the use, construction, maintenance, operation, repair, replacement or removal of the said electric power and communication lines and wires, or the necessary and desirable appurtenances and attachments including poles, H -frames, metal towers, etc., or because any of the work being performed upon said right of way and easement by Grantee and/or any of its Agents, Contractors, Employees, Representatives or Servants, whether such claims or actions be right- fully or wrongfully brought or filed, and also against all costs incurred by Grantor therein as a re lilt of said claim, d/or action. LIEVEN J. VAN RIET, T STEE OBERT VAN RIET BY LIEVEN J. VAN RIET, Age and ttorney in Fact for Wbert Van et - V is :REILLE VAN I T .LIEVEN J. V RIET, Ag nt an Attorney i F ct for Mirei le Van 2