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1979V438P391 2FI LE DL' D ( l. � � n�� rC�OCk M NOV9 1979 ATE RECORDED EASEMENT DEED AND WARRANTY FRANK BORISKIE 9 uety Isrk Bn2ot County, Br un pepuH THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS Metropolitan Life Insurance Company, a New York Corporation ("Grantor") , for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents , does hereby GRANT, BARGAIN, SELL and CONVEY unto the CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS ("Grantee") : a That portion of the entire undergound_ electric utility system (the "System") , to the extent same exists and- is in prate on the date hereof, including without limitation any and all meters , meter enclosures , terminal poles , primary and secondary cables , conduit systems , transformers , transformer pads , switches , protective devices , service entrance equipment, wiring and wiring troughs , and any other appurtenances necessary for the distribution of power from the existing point of delivery to the individual dwelling units and building services associated with the Barcelona Apartments in College Station, Texas , and situated on a certain tract of land more particularly described on Exhibit "A" attached hereto (the "Property") . (b) An easement to enter upon and over roadways , streets , alleys and open areas , as they may from time to time exist upon the Property, for the purpose of maintaining, repairing or replacing the System, and for no other purpose. 1. Grantor hereby warrants for a period of one (1) year from the date hereof that the System is free from material defect or fault , such warranty extending to and being only for the benefit of Grantee. Grantor agrees that this warranty shall be a covenant running with the land and shall be binding upon the successors and assigns of Grantor and Grantor agrees to give notice of said warranty to any ' and all successors and assigns . To the extent the System is found to be defective or faulty in any material manner (as opposed to repair necessitated by normal maintenance) Grantor shall hold Grantee harmless from all reasonable costs incurred by Grantee with respect to the repair of such fault or defect. 1 . 2. Grantee shall have the right to make surface excavations for the maintenance or repair of the System; provided, however, that after maintenance and repair afore- said, the only surface installation to remain above the surface shall be unobtrusive location markers , testing devices , transformers , connection devices and necessary monuments which do not obstruct or interfere with Grantor ' s use and enjoyment of the Property. 3. Grantor reserves the right to relocate any exist- ing buildings or other structures or to erect new buildings or other structures upon the Property, and Grantee represents and agrees that its use of the easement granted hereby shall not obstruct or interfere with Grantor' s use and enjoyment of the Property, and agrees to indemnify and hold Grantor harmless from and against all loss , damage, liability, cost or expense from any cause whatsoever arising out of the existence or use of the easement from and after the date hereof, excluding only Grantor ' s warranty of the System as herein provided. 4. In the case of all construction or excavations made for the purpose of maintenance or repairs , alterations or periodic inspections , Grantee shall grade the surface of the land to its original level within ten (10) days after the completion of such work and restore the same to its condition prior to the performance of such work. 5 . Grantor hereby covenants that it shall not inter- fere with the Grantee ' s use and enjoyment of the easement ent herein conveyed,, provided the same comply provi- sions hereof and further provided that Grawith the ntor reserves the right to require Grantee to relocate or remove the facilities constituting the System to the extent the System is modified after the date hereof if same interferes with Grantor' s use and enjoyment of the Property. EXECUTED as of the day of METROPOLITAN LIFE INSURANCE COMPANY By _ ., ,-rye.d� (2 C2- r CITY OF COLLEGE STATION n li)- / B y ,,,,�', 1) ) l/ 1 THE STATE OF Texas ) ) COUNTY OF Harris ) BEFORE ME, the undersigned authority, on this day personally appeared George A. Davis , Vice President, of METROPOLITAN LIFE INSURANCE COMPANY, a New York Corporation, Known to me to be the person whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed, in the capacity therein stated, and as the act and deed of said Metropolitan Life Insurance Company. ,GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of -Q •C .-L_- , 1979 . \- -\0„,..,, E - , otary Mblic in anci for County, "}^�..i > " , s r ''''•- MARY E. OLON 4 • .) My Commission .... '� ssion Expires : d Notary Piratic - Harris C�aunty+ • �ti� '� ; rrirs� My Cornniission E. ;iay 2:i, 193.1_!4/' Bonded B7 Ha:co Ils. S,arvices : <' THE STATE OF %,r,� ) . / N.,,It. C. u,a ) -4..'4,- Cc CQ�,jv . COUNTY OF 9 (Z.0 2 t 5 ) BEFORE ME, the undersigned _uthorit personall appeared Y, on this day to eOn Texas , nown to me to •e the person whoseonameeistatisubscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. `r9IVEN UND ' HAND ,AND SEAL OF OFFICE, this the day of / ^, min er,, 1979 . i /"' Q No -ry Pub is in and or --a --s'.s County, - ��,, My Commission Expires : r GA"LE FERRER! DROWN ,,/ ,;; Notary Public - Crazos County, Te;:as. `;t.'101. M.Y. Commission Expires / cf)j � r • EXHIBIT A A Tract of land out of Block One (1) , of i?NIV E_ SiTY OAKS, SECTION I .O (2 ) , an addition in Brazos County, Texas, according to the plat there- of recorded in Volume 289, Rage 555 of the Deed Records of Brazes County, Texas, more fully described by metes and bounds as follows : BEGINNING at 'the most northerly corner of this Block One, of University Oaks , Section 2, said corner being established by an iron pin set in ground and being the right of way corner of Dominik Drive and Stallings Avenue; THENCE in a Southerly direction along a curve having a delta angle of 39 degrees 04 minutes, radius of 470 feet, s tangent of 166. 786 feet, a chord of 314.36 feet and a length of 320 .54 feet to an iron pin and a point for corner; THENCE South 05 degrees 52 minutes 09 seconds East, 188 . 28 feet to an iron pin and a point for corner; THENCE continuing in a Southerly direction along a curve having a delta angle of 16 degrees 32 minutes 39 seconds, a radius of 530 feet, a tangent of 77 .055 feet, a chord of 152 . 51 feet and a length of 153 . 04 feet to an iron pin and a point for corner; THENCE South 22 degrees 24 minutes 48 seconds East 661. 08 feet to an iron pin and a point for corner, this point being the right of way corner of Stallings Avenue and University Oaks Boulevard; THENCE South 45 degrees 42 minutes 12 seconds West 475. 0 feet to an iron pin and a point for the most southerly corner of this tract; THENCE North 44 degrees 56 minutes 42 seconds West 624 .47 feet to an iron pin and a point for corner this corner being on• the South right of way line of Dominik Drive; THENCE North 45 degrees gees 03 . minutes 18 seconds East 800. 29 feet to the PLACE OF BEGINNING of the tract herein described . • • • •