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1969V279P151 EASEMENT DEED THE UNWED STATES OF AMERICA, acting by and through the (J . ' i Administrator, Agricultural Research Service, United States De.- ' ment of Agriculture, Grantor, pursuant to the Act of October 23,�1962 (76 Stat. 1129), and the delegations of authority and assignment of functions by the Secretary of Agriculture, dated November 27, 1964 (29 Fed. Reg., p. 16210), the provisions of which have been duly complied with, does hereby grant and convey to the City of College Station, Texas, Grantee, an easement for the construction of an electric transmission line, in, on and across lands of the United States at the Southwestern Veterinary Toxicology and Livestock Research Laboratory, College Station, Brazos County, Texas described as follows: BEGINNING at the most northerly corner of the SW Veterinary ' bxicology and Livestock Insects Research Laboratory (Drawing attached hereto and hereby made a part hereof.) THENCE S 370 45.4' E a distance of 1009.97 feet to a point; THENCE S 440 11.1' W approximately 1150.0 feet to a point, said point being in an existing fence line; D (7,,` i-4_,., / THENCE in a northwesterly direction along�/said fence line approx- ) N�.t imately 585.0 feet to a point; 7A�e ----- 7 .... ,...-7 ? THENCE in alnorthwesterly direction approximately 40. 0 feet to a /41.0 S point; t jiTHENCE in a southeasterly direction and parallel to the afore- �uentioned fence line approximately 545.0 feet to a point; 3 1 y , - THENCE N 440 11.1' E approximately 1070.0 feet to a point, said N. cI point being approximately 40.0 feet from the most easterly �o "4 Y, \1 property line. Z <W a_Q I THENCE N 37° 45.4" W parallel to the most easterly property line approximately 970.0 feet to a point; Q sa THENCE N 440 11.1' E approximately 40.0 feet to the place of ri Beginning. e /`'`4 OQ 1� The granting of this easement is subject to the following terms and ,-7 60 conditions: , ,_f . � ND 1. The United States does not warrant title to any of said ----- land, and the rights and privileges herein granted shall W be subject to any mineral reservations or other rights, © if any, now outstanding in third parties. cc 0 Lu gr W 1. n_pAGE J i I- 1/P l ca 7:f.e �' 7 ° ,. E 2. The rights and privileges hereby granted shall not be assigned by the Grantee without the written consent of the United States. 3. Grantee shall be liable for any damage resulting to the United States from the use of the property by the Grantee and shall save and hold the United States harmless from any and all claims or damages by third parties from the use of the property by the Grantee. 4. The United States reserves unto itself, its nominees and assigns, the right to use any part of said lands for any purpose, provided such use does not interfere with the rights and privileges herein granted. 5. No soil or materials shall be placed on Government property outside of the easement boundaries and all refuse resulting from clearing or leveling of the land shall be disposed of to the satisfaction of the Director of the Station. 6. Grantee shall reseed or otherwise restore the surface of the land as damaged in the installation or during the maintenance of said line. 7. Grantee shall restore all road damage incident to installation and maintenance of said line. 8. The right-of-way herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Administrator, ARS to be necessary, without liability or expense to the United States so as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under the authority of the United States. 9. In the event the Grantee fails to use the property within a reasonable time from the date hereof or in the event the Grantee shall at any time abandon the use of the property for the purpose here and above provided, or in the event the Grantee shall violate any of the provisions of this grant, the United States may terminate this grant by giving the Grantee notice in writing 60 days in advance of such termination and the rights hereby granted shall thereupon terminate. 10. Upon the revocation or termination of this grant, the Grantee may, within 120 days, remove all structures which have been placed on the premises by the Grantee, but upon failure to remove the structures within that period they shall become the property of the United States. VOLAG E.'s'-. 3 11. The Grantee does by the acceptance of this easement covenant and agree for itself, its assigns, and its successors in interest to the property herein conveyed or any part thereof, that the covenants set forth below shall attach to and run with the land: (a) That the aforesaid easement, and its appurtenant areas and its building and facilities, whether or not on the land herein conveyed, will be operated as an electric transmission line in full compliance with Title VI of the Civil Rights Act of 1964, and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date of this deed to the end that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimina- tion under any programs or activities provided thereon; and (b) That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractural or other arrangements on' the land herein conveyed. (c) In the event of a breach of any of the conditions set forth above, all right, title, and interest in and to the above described property shall, at the option of the Grantor, revert to and become the property of the United States of America, which shall have an immediate right of entry thereon, and the Grantee, its successors or assigns, shall forfeit all right, title, and interest in and to the above-described property and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging; provided, however that the failure of the Grantor to insist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. 12. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this grant or to any benefit to arise therefrom. This provision shall not be construed to extend to this grant if made with a corporation for its general benefit. VOL 2WAGE.!s3 4 IN WITNESS it OF, the United States of America, acting by and through the !„_ Administrator, Agricultural Research Service, United tates Ii=i.= tment of Agriculture, has executed these presents this day of , 1969. UNITED STATES OF AMERICA/ B ,0" wIL•.,� ,. Witnesses: "ic N$ A• .Lt:trator D • Agricultural Research Service rp .,t (941.4-al U.S. Department of Agriculture ACCEPTED: City of College Station, Texas By :;C 6 ilde Yi Title ' /,r(' P Date ?_IX.L, /3 /96Y' ) • E VOL. -.PAGE_!.� UNITED STATES OF AMERICA ) DISTRICT OF COLUMBIA ) On this d--GLILay of , 19 ?, before me T appeared Q, , , to me personally known, who being by me duly sworn, d say that he is the _ ._ , Administrator, Agricultural Research Service, United States D- =rtment of Agriculture, and that the seal affixed to the foregoing instrument is the seal of the United States Department of Agriculture and that said instrument was signed and sealed on behalf of the United States of America by authority duly given, and the said p /AA,,, cr,wc) acknowledged said instrument to be the free act and deed of the, United States of America. Given under my hand and notarial/ seal, this the , o�-k, day of l , 19 12 cis ;-412/14 / 11 • NO PUBLIC IN AND FOR TRICT OF COLUMBIA V MY COMMIISSION EXPIRES JANUARY 31, 1972 i 14 VOL 2 PAG6� e1 4 f 4 soi v- TT T v 2 au41111° iii......, et 0 k. ,‘,• , i Ss l v • cr "+y ii < S* 1 a c s'...,,-;'-'417.'''''''''''° 4, ;6-ff, �., • 4 ,;',r ray.t :<;:.'. . t4 n-, LAY �. 11 r - [f'•,,,,,,,;';',,,,,,i,k,---..f-',:<,;r:.„';''...!,...!:-, 4 .--.‘..'-11.''.r %'',p ',4:;17,,'"1,4,,,,.'-,-,'-',,,' � ft. '•.*�' e !�''9`1,,4 ''h.•�, 5 :,, ,:i ;.a ,N- R ':f';:.4':::-:-.: S, .1 F4K , _ hY t4 a r?,,1 J^4 ,� :;'.;;;-,...,.'''''''-''21:71:4.)-4 N K., w _ f _. _ r, is IF 1 • • »:_ :,. •I. _ _ .r._....- w _ A y � c AI •- , 1i f t , *, LL + �� f `' r a ' �Y ,. .a ,...- , �' 4� 1) -i 8`-ass" 11 1,+4 „.'..t?::?:,.. 1 •• . `.•`. - .: ..:.'',',' '''t- \1 ,n; th ;4j + 1,4 ay F .,•,,,„..! • • • 1 + „,F Troia PAGE 1 • Itf UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL RESEARCH SERVICE ADMINISTRATIVE SERVICES DIVISION FEDERAL CENTER BUILDING HYATTSVILLE, MARYLAND 20782 APR 6 1972 AIRMAIL Mr. Ran Boswell City Manager City of College Station College Station, Texas 77840 Dear Mr. Boswell: Enclosed are an original and one copy of an Easement Deed granting to the City of College Station an easement for the installation of an electric distribution line across lands of the United States at the Veterinary Toxicology and Entomology Research Laboratory, College Station, Brazos County, Texas. The Easement has been executed on behalf of the Government. If it is acceptable, kindly sign as provided for on page two; retain the original for your file and return the executed copy to this office. If the instrument is recorded, please furnish us the recordation data. If we can be of any further assistance in this matter, kindly let us know. Sincerely, R. R. Rhodes Acting Director 2 Enclosures UNITED STATES OF AMERICA Agricultural Research Service Department of Agriculture EASEMENT DEED THE UNITED STATES OF AMERICA, acting by and through the Acting Administrator, Agricultural Research Service, United States Depart- ment of Agriculture, Grantor, pursuant to the Act of October 23, 1962 (76 Stat. 1129) , and the delegation of authority and assignment of functions by the Secretary of Agriculture, dated November 27, 1964 (29 Fed. Reg. , p. 16210) , and the delegations of authority effective October 20, 1971, by the Acting Secretary of Agriculture and the Director of Science and Education (36 Fed. Reg. 21529 and 29530), the provisions of which have been duly complied with, does hereby grant and convey to the City of College Station, Texas, Grantee, an easement for the installation, operation and maintenance of an electric distribution line in, on and across lands of the United States at the Veterinary Toxicology and Entomology Research Labora- tory, College Station, Brazos County, Texas, as shown on the map attached hereto and made a part hereof; and described as follows: Beginning at a point in the northeast property line, said point being located more or less westerly approximately 28 feet from the most easterly corner of the property. Thence S45°30'W, approximately parallel to and within 28 feet of the property line, approximately 1413 feet to an angle point. Thence continuing N45°46'W approximately 971 feet to an angle point. Thence continuing S45°45'W approximately 3 feet to the point of exit in the south- west property line, said point being located more or less easterly approximately 9 feet from the most westerly corner of the property. The granting of this easement is subject to the following terms and conditions: 1. The United States does not warrant title to any of said land, and the rights and privileges herein granted shall be subject to any mineral reservations or other rights, if any, now outstanding in third parties. 2. The rights and privileges hereby granted shall not be assigned by the Grantee without the written consent of the United States. 3. Grantee shall be liable for any damage resulting to the United States from the use of the property by the Grantee 2 and shall save and hold the United States harmless from any and all claims or damages by third parties from the use of the property by the Grantee. 4. The United States reserves unto itself, its nominess and assigns, the right to use any part of said lands for any purpose, provided such use does not interfere with the rights and privileges herein granted. 5. No soil or materials shall be placed on Government property outside of the easement boundaries as temporar- ily extended and all refuse resulting from clearing or leveling of the land shall be disposed of to the satis- faction of the Director of the Station. 6. Grantee shall reseed or otherwise restore the surface of the land as damaged in the installation, operation and maintenance of said electric distribution line. 7. Grantee shall restore all road damage incident to the installation, operation and maintenance of said electric distribution line. 8. The easement herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Administrator, ARS, to be necessary, without liability or expense to the United States so as not to conflict with the use and occupancy of the land for any authorized works which may be here- after constructed thereon under the authority of the United States. 9. In the event the Grantee fails to use the property within a reasonable time from the date hereof or in the event the Grantee shall at any time abandon the use of the property for the purpose hereinabove provided, or in the event the Grantee shall violate any of the provisions of this Grant, the United States may terminate this grant by giving the Grantee notice in writing 60 days in advance of such termination and the rights hereby granted shall thereupon terminate. 10. Upon the revocation or termination of this grant, the Grantee may, within a reasonable period to be determined by the Grantor, remove all structures which have been placed on the premises by the Grantee, but upon failure to remove the structures within that period they shall become the property of the United States. 3 11. The Grantee does by the acceptance of this easement covenant and agree for itself, its assigns, and its successors in interest to the property herein conveyed or any part thereof, that the covenants set forth below shall attach to and run with the land: (a) That the aforesaid easement, will be used as an electric distribution line, in full compliance with Title VI of the Civil Rights Act of 1964, and all requirements imposed by or pursuant to the regulations issued thereunder by the Depart- ment of Agriculture and in effect on the date of this deed to the end that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be subject to discrimination under any pro- grams or activities provided thereon; and (b) That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractural or other arrangements on the land herein conveyed. (c) In the event of a breach of any of the conditions set forth above, all right, title, and interest in and to the above described property shall, at the option of the Grantor, revert to and become the property of the United States of America, which shall have an immediate right of entry thereon, and the Grantee, its successors or assigns, shall forfeit all right, title, and interest in and to the above-described property and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging; provided, however that the failure of the Grantor to insist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. 12. The Permittee shall not use any economic poison, as defined in Section 2 of the Federal Insecticide, Fungicide and 4 Rodenticide Act of June 25, 1947, as amended (61 Stat. 163 (7 USC 135) on any portion of the area included in this Permit without the written approval of the Adminis- trator, Agricultural Research Service, or his designated representative. Application for approval shall be in writing and specify time, method, type of economic poison and rate of application, area to be treated and such other information as is deemed relevant. 13. No Member of or Delegate to Congress or Resident Commis- sioner shall be admitted to any share or part of this grant or to any benefit to arise therefrom. This pro- vision shall not be construed to extend to this grant if made with a corporation for its general benefit. IN WITNESS WHEREOF, the United States of America, acting by and through the Administrator, Agricultural Research Service, United States Department of Agriculture, has executed these presents this day of , 197 UNITED STATES OF AMERICA By r� Acting Adminis r tor Ag cultural Research vice U.S. Department of Agriculture Witnesses: ACCEPTED: CITY OF COLLEGE STATION, TEXAS By Title Date . _ T" . . - • {•. ,� 1.. x s. r�—tr–�--s— _ —_� • w fO O . 1 $ " -."` v • • `11 At .a . k i . . i • Lai I•e • • • I O • . n1 • ® , w x n • . • CV K 64 Kb 1\1 VI ,:---t =d 0 X k�l-s X X lC x x -� 0"' ""•\ �t ,o r:, Al Cid ut v