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Legal Documentr ~~92 i ~~ -RIGI-iT-OF-WAY EASEMENT '„ ~::~.. ~ : ~.fEr• (F_FFLUENT PIPELINE) : ~, ~..Y ; ;- . ~•_~ ~~::. ~.v. t s - I. Grar~ 9f Easement: DONALD N. CONLEE, DOUGLAS M. CONLEE, rind J.D. (JACK) CONLEE of the County of Brazos, State of Texas, hereinafter .referred to as "GRANTOR," for and in consideration cif the sum cif TWELVu TI-iOUSAND THREE HUNDRED TWO AND NO/100 ($12,302.00) rOLLARS to GRANTOR in hand paid by TEXAS A&M UNIVERSITY, hereinafter rcfccrcd to as "GRANTEE," do hereby GRANT, BARGAIN, SELL AND CONVEY to GRANTEE an effluent pipeline easement across certain .property of GRANTOR located in Brazos County, Texas, more particularly described as follows: t SEE ATTACHED EXHIBIT "A" As further consideration for the grant of this casement, .GRAN-I'OR .acknowledges. the receipt of SFVEN THOUSAND S1X 1-iUNDRED N[NGTY- EiGI-iT AND NO/100 ($7,(19$.00) DOLLARS irr hand. paid by TEXAS A~~M UNIVERSITY as full payment for screening vegetation necess;cry to stabilize the soil and separate the granted easement from the rest and remainder of GRANTOR'S property. It is expressly undcrstdod and ;cgrecd, GRANTEE shall have n~~ additional monetary obligation or responsibility t~~ fl;rthc~ maint;iin such screening vegetation. II. Purt)ose end Location ofEasemcnt: Por the purpose of .operating, constructing, and maintaining a permanent effluent out(all I~ipclinc, on Exhibit "A" incorpi~rated herein for all purposes. V01 1.1~Q ~1'.r.1Q11 ., 4 IIi. Right of Access: The GRANTEE, its successors in function, and assigns are herchy granted the right of ingress. and egress over, across, and under said easement for the purpose of constructing, maintaining, repairing, replacing, and rebuilding its ,; facilities.. The GRANTEE agrees to occupy the land only to the extent and for the lengm of time n .essary .for .operating, constructing, maintaining, repairing, replacing and rebuilding of such facilities IV. Nv Fcc Int^rest Granted: It is specifically understood and agreed this is a grant of an_cfGuent pipeline right-of-way easement only, and does not-grant the Ccc or any interest in the mrierals, in; under, or to thc'land affected hereby. X V. Hold Harmless: To the extent .permitted by the laws of the State of Texas, GR~'~NTEE shai~ indemnify and save harmless GRANTOR, from any and all assts or liabilities from injury or death to persons or damage to property arising out of the negligence of GRANTEE'S employees, agents, or assigns iri the construction, maintenance, repair, rebuilding, or operation of its facilities. '~ V1. Assil*nmcnt: GRANTEE shall ..ithout limitation or reservation have the right to sell, assign, or convey this effluent pipeline right-of-way easement without further action car consent on the part of GRANTOR. VII. Special Provisions: The GRANTEE, its successors in function, and assigns are herein made expressly responsible for controlling erosion within the casement area by maintaining the integrity of the soil anii ground cover. GRANTOR agrees to use best efforts in alerting GRANTEE as to occurrences of erosion. within the k•: easement right-of-way. ~ of4~/~1 ~: VI11. Entire A>'rcement: This instrument contains .the entire agreement t~ctwecn the parties relating to the rights hcreiggranted and the obtiga:ions herein assumed. Any oral representations or modifications concerning this instrtment ~h~'I he of no force and effect excepting a subsequent modification in writing signed by the party to he ci:..rged. IX. Effective Date:. This agreement shall he deemed to be in force and effect as of .the; ~'Q_day of . t~.~~ GRANTOR: r DONALD N. CONLEE ~iS7. t~.;~S~~C~ VV1 DOUGLs~1S M. CONLEE f J . (JACK) CONLEE 4!]~ 15~4ra~~3~? 3of4 STATI? OF TEXAS .:OUNTY Of~ BRAZOS ~L • : ,~:' ~ T f-{lS INSTRUMEI:T was acknowledged hcfore me on the ~ 7 day of r .t. • y :- ` -- ,,//771, ,, u~`' _4~ ; I9~, by DONALD N. CONLEE. , . ~^ ,- /////UUUUUIIIII NOT 1RY PUBLIC, STATE OF TEXAS STATE (~F TEXAS COUNTY OF BRAZOS Tf i[S INSTRUMENT wac acknowledged before me on the ~ `-'~ X~ day cif .. ~~ `:•' ~ c• C- - ~> ~ , 19~by DOUGLAS M. CONLEE. :fE ~i is '~.~• I '~~~h-~-L ILCC~IGY NOTARY PUB C, STATE OF TEXAS STATE OF TEXAS COUNTY OF BRAZOS ,~ THIS INSTRUMENT was acknowledged before me on the~~ day of j 19~~ by J.D. (JACK) CONLEE. ., ` ~. ~, , ~ C' ~~. ~~.eP~",~ , i~ v v ~ [ J NOTARY PUBLIC, STATE OF TEXAS GRANTOR'S ADDRESS: GRANTEE'S ADDRESS: Mr. Donald N. Conlee Executive Director Rc>utc 4, Box 600 Syystem Real Estate Office Bryan, TX 77803 The Texas_A&M University System College Station, TX 77840-1120 u .~.x, ~: tL:xA~ n .e ,rt tii:lvLlarr~' St wt;R Otrlf,> .l: C.AS1S.~tli~l co~l.rr PRrn'I:Rr~• [3EING A S'1"RIP OI° LANU (BUT OP "1'HE S7 EPHIiN lONEiS S[.IR\'El', AEiSTk,1C'f NO 27 SiTUAT[D IN E3}tAZ05 COUh~i'Y, TEtiAS, ACROSS AND n F:'.RT OF AN SSA ACRE TIt:~CT OF 1_gND CONVEI'ED TO JESS CONI:EE FROM t`f1SS 1_I1"A SHEL})URNf= f3Y AN 1NSTRUMEh'T- OI RECORD, DATED FEvr<UARY 19, ]959, IN VOLCit`1F 19i, PAGE n?7 OP l'IIF [IRAZOS COUh`fl' DEED RECORDS; THE CENTERLINE- 01= THE EASE~1[NT HEREIN E3EING MORE. PARTICULARLI' pESCRIAED E3Y MFTES A:.D I3011;\I:)S AS (=0L1.0~~'S. TO ~~'Il'; fIEGINNING: At a point in th fenced Northucst brn~ndary lint n( said ~~',ti'= acrt Iraci, said point h~•uu• Noah 53. 1T East, a distance of ?90.GS feet Yrom"a canuctr monununt found nn the East hank of \\ hn.• Creek far tL•e Narthwest crnner of said ~~i acre uac:, TfIENCE: South 1S• 19' 13' Tian, Ira~iiir said Nor;h~ecst bnundar}• line, r'ttir~nr.: a( t(k)7~' feet to a point; THENCE: South 2G' 05' 4S" ~VCSt, :rdistan<c of 5'(1't1 (c:t to a paint... t • TI{ENCE: South 02. 40' 30" Last, a distant,: of i7'i]i feet tci a point, THENCE: South (iF` 57' 1S' East, a distance of it i 71 feet to a point; - d' THENCE: South 19• ~-!' a3' tiasl, a distance of 95.19 feet to the i'OIN'f OF TLf2~lINAIION of the herein described ccntt:rlinc; said point bcin¢ ;`orth Si' ]x' jl" East, a distance of 519.9a feet from the intersection of the fenced \Vctt Uoundary line of the a(orcmcntioncd b35 acre tiacl «~th the North bank of the Brazos River; P[}2htANL-NT [ASEMENT BEING ~' W1DE_ CO`TAI`1NG 1x1,429 SQUARI: FFET OR 325 ACRES QF LAND, MORE OR LESS AND TFi`1P012ARY CONSTRUCTION G~SEM}:NT F3FING 50' kVli)E CONTAINING Zi>,7)4 SQUARE F=EE3T OR _S .1 ACRES OF LAND, 1v10RE ORI.ESS. r.~~ ~- - ~ / q 1tiFR(YEISWCRItlNUD5Ur/ U /J ~ ...... ....... __.....4j • { po aaso ~~ ~~ c ~~ cr.~co`.~O ~~~ •ciiq~~i r IiXil I }31'I' °A" ra,;t~ I „r i,,~•~~J ,,. .,,, .•, ~ , -- - - -- r •. ,~ „ _ 1 ~ ~r,>.~~ r r.. "~ / '-~~ per, :~; /~~~ Wry. CO~J~ 1'~c..! --.~c Nw caF c~NL=_ c I TpncT o~,l1.n•~1- . \. ~ , ~f ~) ~~ F"t~cev W...T ^~'~oe^{ \~ LiiJE CouLE~ j~iec~ - C11r'1 ~-iDC~IL~ a'L`il ~r`Y) p U S \? ~ \~ +a/ ` ..\~ ~ ~ ~~ ~ w r-: ~ ~~L.l'T fi=n t_l- --- fff _ ~, \\~ lnJi ca.llcr if-,c.T nl - ~i~.~.t,~ \\ uoFnt v~~k of e;~e~~-; F'~_' i {~~.a:p ,1 ~~, GXH~1'[' A / t'agc 2 v( 2 ~ ~ ~, . ' dc f G~ ~n _ ~ i~~ ~~ ~ i~ NOTICE OF EXISTENCE OF ,_ i., ~ ;i,.,t r I UNRECORDED LETTER OF UNDERSTANDING"' :a 1 .' j i //~Y ~ t _ . , tFCC, '; STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS § i THAT DONALD N. CONLEE, .DOUGLAS M. CONLEE, and J.D. (JACK) CONLEE, of the County of Brazos, State of Texas, hereinafter referred to as "CONLEE" ' entered 6nro an unrecorded Letter of Understanding, dated August 24, 1992, and accepted by CONLEE on August 28, 1992, which pertains to terms and conditions for-the granting to TEXAS A&M UNIVERSITY, hereinafter referred to as "TAMU,"an ef#luent pipeline right-of- w~ ease-~ent insofar as such easement crosses certain property of CONLEE located in Brazos _ i County., Texas, more particularly described as follows: See Attached Exhibit "A" The Letter of Understanding grants TAMU certain rights for the installation and maintenance of a thirty-six inch (36") eftluent outfall pipeline, and establishes cerlizin erosion control requirements as partial consideration for the granting of said easement. This notice is executed and placed of record for the .purpose of recording the existence of a Letter of Understanding, insofar as it affects the property described herein. SYSTEM REAL ESTATE OFFICE TIIE TEXAS A&M UNIVERSITY SYSTEM BY: r.:~J C. RI ~ARD . FL D Executive Direc von 1~~ ~~ ~.;~ 2 ~ ~ L TEXAS A S N UI~'1VERSITY SEu~ER OUTFALI EASEMENT CO~'LEE PROP[RTY BEING A STRIP OF t1+ND OUT OF THE STEPHEN JONES SURVEY, nBSTR~CT NO. 27 SITUATED IN BRAZOS COUNTY, TE.`C.a.S, ACRJSS AND A PART OF AN S3i ACRE TR.~C"T OF tAND CONVEYED TO 1ESS CONLEE FROM f,1lSS LILA SHELBURNE BY AN INSTRUME~'T O( RECORD, DATED FEBRUARY 19, 1919, IN VOLUME 19i, Pr.GE 427 OFJ'F'E ORAZOS CJU~TY DEED RC•CORDS; THE CENTERLINE OF THE EASEMENT HEREIN BEING MORE. PAP,TICUtARIY DESCRIBED BY METES A_~'D BOUNDS AS FOLLOWS, TO WIT; BEGINNING: At a point in the fenced NorthM~est boundary line of said 88i acre tract, said point bone North 53' 1T East, a distance of 240.63 feet from a concrete monument found on the East bank of ~~`hit: Crcck (or the Northwest corner of said 835 acre tract, THENCE: South 13. 19' l~ East, lca~in¢ said \onhwcst boundary line, a distance of 3,007.4? acct to a point; THENCE: South 26. Oi' 43' West, a distance of i'_0?0 feet to a point; THENCE: South 02. a0' 30' East, a distance of i77.7i feet to a point; THENCE-: South 6G' 5T 13' Eau, a distance o(i13.71 feet to a point; THENCE: South 19' a' 43' East, a distance o(9i.19 Iccrto the POINT OF TERMINATION of the herein described ccoterline; said point being North 8i' 14' il' East, a distance of 819.94 feu from the intersection of the fenced West boundary line of the a(orcmcntioncd 885 acic tract with the North back of the Brazos River, PERMANENT EASEMENT BEING 30' WIDE COh?AlN7NG lat a29 SQUnRE FEET OR 3.2i ACRES OF IJ~Ati), MORE OR LESS AND TENtPORAfiY CONSTRUCTION EASEMENT BEING SO' WIDE CONTAINING Zii,714 SOUAFtE FEET OR 5.4.1 ACRES OF LAND, MORE UR LESS ,`f., 0 F.,• f _. ~~ q • 1(ir~2(T (lSY(ORIM Mt10sOn 1 ~ c„q~tE t' ~• l ~ tw ~~ l .`:. Gn.Jt_~ : ip.:: ~ \~ ~' pog ~.~ , G~• ~' F~~. ~N~:n,.,. NW. COFt. GoNL= E TFey' o~,i rmsr 1 ~ , C J°~ ~~ •y ~. 1 LwE CouLe= iRi_~ ~J/ cn~v~~i~ ..ASS ~JU o u~i~;= G~ae;t) ~ O L ~?_ F r~ `q ~~ ry~~ ~~- ~0 . m / < ~° ' / ~~~9 J ~~o~'~ ~ `30' w~t7c ~ ~N taSEr'1~~T _.. - -- ,, o •,.. aq ,c ~ i . ~. ~1_~w J ~i . _ _ ~~ F°_Jc.+9 Wasi C~IJ J.n,01 -~ •:n••'ij •.t`:_.__