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1982V530P12 EASEMENT MADE, this 6`7/1 day of -- ,ti.6,;, , 1982, between WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, (hereinafter called "Grantor") and the CITY OF COLLEGE STATION, -Brazos County, Texas (hereinafter called "Grantee") , • WITNESSETH: That for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) to be paid, the receipt whereof is hereby acknowledged, the Grantor hereby gives and grants unto the Grantee an easement twenty (20) feet in width, for the construction, placement, maintenance, operation, alteration, repair, replacement and/or removal of electric transmission and distribution lines and water lines consisting of cables or conduit, manholes, pumps, wires and all other necessary and desirable fixtures and appurtenances of every kind and nature for the transmission of electCirc service and water service on, over, or under a portion of Grantor' s property described as follows: Being a part of 53.883 acre tract or parcel of land lying and being situated in the Morgan Rector Survey, Abstract .No. 46, College Station, Brazos County, Texas, as described in a Deed to W7 ,7, i,p•!Q, Gtris Corporation recorded in of the Brazos County Deed records; land said right-of-way easement being more particularly described as follows: Being a strip of land twenty (20) feet in width and lying to the north of the following described line: BEGINNING at the point of intersection of the southeast line of the aforc.Lentioned 53.883 acre tract with the northeast right-of-gray line of State Highway No. 6 Exist 3y--pass; ptr/l^45J( 1 )- 1 irk s� Mrtt� THENCE ey tneu•t► ►owing oear1ngs anu uilliCHsIoi:L/ui • N 43 degrees - 51 ' - 15" E 904.95 Feet N 45 degrees - 43' - 47" E 333.31 Feet N 46 degrees - 11 ' - 08" E 124.29 Feet ir/ N 44 degress - 27' - 33" E 680.57 Feet ALONG°%the southeast line of the said 53.883 acre tract for a 'total distance of 2043.12 feet to the east corner of the said 53.883 acre tract. THENCE N 45 degrees - 00' - 00" W along the northeast line of the said 53.883 acre tract for a distance of 189.07 feet to the end of said easement. Said easement is granted upon the following terms and conditions: 1 . Any work as set forth above shall be perfomed by Grantee at its sole expense. Grantee shall indemnify and save harmless the Grantor from and against all losses, liabilities, claims or demands whatsoever (including without limitation, costs and expenses in connection therewith) arising out of any personal injury, including death, or resulting from, or out of any da:,age to or loss or destruction of property, caused by the Grantee' s use of said easement. 2. Grantor covenants for its successors and assigns, not to contruct, place, maintain or permit the construction, placement or maintenance of any building or such structure upon, over or across said easement. ptr/1845J( 1 )-2 ' 5/20/32 ....._��......� .� .��.�Mwv^vmar+�'vv:..�....�,.•u.:.+,as[.�O�A.I•E1/xfrhMs/'1{iOMi revo,iyarstm:49::TMYky.''.p+J.t^IYfTT[•'.1.Y.'+ML1W.N!':tRMyT:2"!:tC'r1Tf-.�Yq(: f ; . ,, Tpr FR,,t 3. Grantor grantst ., Grantee the right of ingress ''d egress over our ._. c�4:4, . adjacent lands to or from said easement for the purpose of inspecting, ,-,% ;'1" maintaining, constructing, reconstructing, repairing, operating and/or removing said electric and water systems and any or all fixtures and appurtenances thereto; the right to cut or trim trees and other foliage, roots, brush end other obstructions in the easement, to the extent, in the sole judgement of Grantee, as may be necessary to prevent possible interference with the operation of said facilities and/or equipment or to remove possible hazard thereto. 4. Grantor further convenants and agrees that no part of improvements constructed, erected or placed on said land by Grantee shall be or become or be considered as being affixed to or a part of said property and that all improvements of every kind and nature constructed, erected or placed on said land or any part thereof by Grantee or its licensee, shall remain the property of the Grantee. 5. Grantor reserves the right to use and enjoy the property affected by said easement except insofar as such use and enjoyment does not unreasonably interfere with the exercise of the rights herein granted to Grantee. 6. If Grantee fails to use easement within one (1) year of the date hereof or once commencing use of the easement/right-of-way discontinues the use of the easement for a continuous period of one ( 1 ) year, then the r;yht of easement herein granted shall automatically terminate except that Gr,anee shall continue to be obligated to Grantor under Paragraph 1 hereof for any claims, loss, liability, demands, costs and damages arising out of Granti,e' s use. t;r/12/15J(1 )-3 �,�/ )i T 4k'V,:; '§ ' 7. Grantee shall i "pai r any damage to and/or restc _ the Grantor's , } "fi '#'" property if the need for such repair or restoration is caused by or arises out , ` of its use or enjoyment of this easement. 8. The right of easement herein is granted subject to prior rights, _ n conditions, covenants, easements, and encumbrances; if any to which the Grantor's property is subject, specifically but not limited to the easement granted to Grantee by Grantor of even date herewith for construction of a road. 9. This agreement is for the benefit of and shall be binding upon the parties hereto, their successors or assigns. 10. This easement supersedes the fifteen (15) feet right-of-way easement for a waterline dated February 20, 1981 , Volume 475, Page 129, Deed Records of Brazos County, Texas, granted by Glynn A. Williams, former Owner of the property, to the City of College Station, Brazos County, Texas which is herewith null and void. _tr/1345J( 1 )-4 ' /20/32 i t 1i '1; , < ; IN WITNESS WHEREOF'', Jthe parties hereto have caused�„nis agreement to be < executed by their proper officers and their corporate seals to be duly ly f C F affixed, as of the day and year aforesaid. • ATTEST: WESTINGHOUSE ELECTRIC CORPORATION By: ,•0°,5/9- v Fvp" �V: Assistant Secretary _;zi ATTEST: CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS By �. e � �T-. ptr/1845J( 1 )-5 :120/82 If )/l ; ' _ '` ,OMMONWEALTH OF PENNSY' ,NIA ) (-QC w J'» E�'! ., 4, ) SS: ws i. 4 A J,,,r ,n; ,... 5 ' COUNTY OF ALLEGHENY ) . s� On this "1, ; i day,of .-,: ,,�' 1982 tix �< ' before me • „'e,- 1 , i; -i t the undersigned officer personally appeared -� ' 1 ' l ':-1, '(: -• who acknowledged himself to be the ' ' 0-- ,.. 1 f`=`' \'.* of WESTINGHOUSE ELECTRIC CORPORATION, a corporation !.and that he as such ': ; i -v; being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal . 1.A,>:t . _J Notary Public I° NN eEr•!,rKi NQT><pY PU6!JC COMMONWEALTH OF TEXAS ) rwcor�r s' �'�.�i1c,�taEPt7^�;urtTY Miemb r Otl E:<frr�tit. ) SS• e•FennsYtvan: "Y 13. t5d5 COUNTY OF BRAZOS a F�sociot'on of tiotaria3 this 6k day of _ c, - , 1982, before me � , G -"ti4� �g - .‘.'`"¢z' / e undersigned officer personally appeared ,Q -.dr. /3 ,. .4. / .c c.-/ who acknowledged himself to be the 1.-.- - _ of CITY OF COLLEGE STATION, and that he s such ' e: i t_, - �) T. umen o being authorized to do so, executed the foregoing ns signing the name of / • - -) e purposes therein contained by IN WITNESS WHEREOF, I hereunto set my hand and official seal. (-c o -C� .C'-T-c 2- Notary Puc is t Notary - •I ; - t : -S:::to of T2xu•> r%fy Corn n, ion Expire:;:7-D -,C ptr/1845J( 1)-6 5/20/82 • 3. t. • • �� G9- i