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1980V453P878 it_Lti 35 RIGHT-OF-WAY EASEMENT 1U .� _F'N1a97R 198O , yE / THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS X That the BOARD OF REGENTS OF THE TEXAS AW UNIVERSITY SYSTEM, hereinafter called Board, acting by and through its Chancellor, duly authorized by Board Minute Order No. 6-80 of the Board, on behalf of the State of Texas , by virtue of the authority granted to said Board by Subtitle (b) , Chapter 85 , Section 85 . 26 , Texas Education Code , in consideration of the mutual benefits to be derived by both parties hereto , does hereby GRANT, BARGAIN , SELL AND CONVEY to the City of College Station, Texas , hereinafter called Grantee , its successors and assigns , a right-of-way easement for the following kind of facility: a water transmission line with the right to construct and erect such water line and to maintain, repair , replace and rebuild such water line on and across land , owned by Texas ASM University, and under the con- trol of the said Board of Regents , located in Brazos County , Texas , to-wit : As shown on the sketch attached to and made a part of this document . 1 . It is agreed that when the facility intended by this instrument is placed on said land, the location of the right -of- way shall hereby become fixed at the location of said facility and the course and location of said right -of-way shall not be changed, except by agreement with the Board. 2 . The Grantee is hereby granted the right of ingress and egress to and from said right-of-way for the purpose of con- structing, maintaining, repairing , replacing and rebuilding said facility and such right is not granted for any other purpose . The Grantee agrees to occupy the land only to the extent and for the length of time necessary when constructing , maintaining , repairing, replacing and rebuilding said facility. 3. The Grantee agrees to bury, when applicable , all lines provided for in this agreement a minimum of forty-eight inches deep and to construct the same so as to not interfere with the use of the land of grazing of livestock or for farming in the usual manner . 4 . It is understood that the Grantee cannot construct , erect or maintain any facility unless the same is specifically provided for in the first paragraph of this agreement . However , the Grantee is entitled to replace said line with a larger or smaller line, but it cannot build another line alongside of its first line or at another location without having an agreement from the Board. 5 . It is agreed that if the Grantee damages or destroys any fences , roads , bridges , culverts , buildings or other property on said land (other than the structures constructed by the Grantee) that said Grantee will within a reasonable time rebuild and repair the same to the extent that they will be in as good n c .,,n rfjc, /7- 7-4,V2 t-c _1.53 � 7.a 6. The Grantee shall have the right , subject to the guaran- tees made in paragraph (8) hereof, to remove any of its own property from said right-of-way, provided all payments under this agreement due at the time of such removal are paid in full . If the Grantee removes any pipes , or other equipment or structures , it will fix and level as required by the Board the land affected thereby so that said land will be as nearly as possible in the same condition it was before the Grantee entered thereon . 7 . It is further agreed that Grantee shall pay to the Board all costs of any roadway made necessary at any time in crossing the right -of-way herein granted. 8 . Grantee hereby guarantees to the Board the use of the substance, service , or commodity conveyed along , across , or over the right-of-way granted hereby at such times and in such amounts as said Board may require and on fair and reasonable terms . 9. It is specifically understood and agreed that this grant is a grant of right-of-way easement only, and does not grant the fee or any interest in the minerals , in and to the land affected hereby. 10 . Pursuant to Section 85 . 26 , Paragraph (c) , Texas Educa- tion Code , this grant of an easement is limited to a term of not longer than ten (10) years and may be renewed thereafter at the election of the Board. 11 . The Board hereby expressly reserves for its use and for the use of any Part of The Texas A&M University System total access to , across and along the right -of-way herein granted for its own operations or for those operations of contractors to which it grants contracts , or to people who are employed by The Texas A&M University System or any of its Parts , such use to be in common with that of Grantee. EXECUTE, this /( day of , 1980 BOARD OF REGENTS THE TEXAS MM UNIVERSITY SYSTEM T : GRANTOR I. OP AllgitLiedigiggiAW /111k B AFAAt :ecre.tary t - e Boar Dr. Fran W. R. Hubert ofRegent / Chancellor ATTEST CITY OF CO LEGE STATION GRANTEE /i By ,ice ,, • 1: v CHANCELLOR' S ACKNOWLEDGMENT STATE OF TEXAS , X COUNTY OF Brazos BEFORE ME , the undersigned authority, on this day personally appeared Frank W. R. Hubert , Chancellor of The Texas A&M University System , known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expressed , and in the capacity therein stated . GI EN UNDER MY HAND AND SEAL OF OFFICE , this 1PI day of , A. D . 19 "to . Notary Public in an for , Brazos County , Texas STATE OF TEXAS X Z COUNTY OF BRAZOS BEFORE ME, thedersigned au horized on this day per- spa ly appTared �� � �1 �� of (1c.Zc/ -�z_ /, a /-f , , (known to me to be the perso i wWose name is # ubscri •e• to the foregoing instrument , and acknow- ledged that he executed the same for the purpose and con- sideration therein expressed, and in the capacity therein stated. GIVEN)J-ND R MY HAND AND SEAL OF OFFICE this / day of ( /",e c r� e , A. D. 19 OFFICE„, • c, UTILITY EASEMENT NO. 2 COLLEGE STATION, TEXAS STATE OF TEXAS COUNTY OF BRAZOS We, Texas A & M University System, for and in consideration of the sum of One ($1 .00) Dollar, cash to me in hand paid by the City of College Station, Texas , and other valuable considerations, receipt of which is acknowledged do hereby give and grant to the City of College Station, Texas, the right to construct, re-construct, and maintain a water transmission line upon and across the following described property for a period of ten years: Being a strip of land 20 feet wide for water transmission line easement situated in Brazos County, Texas, and being a part of the Texas A&M University. The centerline of said 20 foot easement being more fully described as follows: BEGINNING at a point in property line of TAMU. Said point also being in the common City limit line of College Station, Texas-Bryan, Texas, and also being 15 feet more or less from the northeasterly right-of-way line of FM Hwy 2818; Thence in a southeasterly direction, parallel to and 15 feet from the northeasterly right-of-way line of FM Hwy 2818, for a total distance of 3612 feet more or less to a point of exit in the property line of TAMU at F&B Road. TO HAVE AND TO HOLD for the same ten year period to the City of College Station, Texas , and its successors, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing, re-constructing, and maintaining the said water line facility on the condition that the City of College Station, Texas work in connection with the construction, re-construction and repairing of said water line facility, restore said premises to the condition in which same were found before such work was undertaken and that in the use of said rights and privileges herein granted, the said City of College Station, Texas and its successors will not create a nuisance or do any act that will be detrimental to said premises. WITNESS my hand, this day of , 19 881 .. .. , . • . _ . v....AG,_ N . 1 -"it4 c.2/ ee Il ‘. 40" 110' Q TA ..� •Wo ` �.... ••-Pr4, a.s -d .5‘;'"Mader Z/./78 k: -‹-` /3y‘7/y , /?e,/%°9e -5i10//;' ) / ` �--.. v v•` .o -\r -----,- , '� r V L zrr/ try ' 4 (.4'r r , 4-:41.6. re 40-0 55 ZA/U'U Proper/y AI Col/eg e Sia//'n, Tex, .z /979