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1983V555P503 ow r' U ECiiLa E�� s t c 33 At 3 -O'clock ' fy C I JAN7 1983 250991 EASEMENT FROM t irkftrillMelg Aggtt MADE, this AUP day of , 1912, 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 (510.00) to it paid, the receipt whereof is hereby acknowledged, the Grantor hereby gives and grants unto the Grantee an easement of seventy (70) feet in width, for public utilities and a street and the Grantee shall have the right to construct, use, operate, inspect, repair, maintain, reconstruct, modify, and maintain such a street, and further may construct, operate, and maintain electric transmission and distribution lines, sanitary sewer lines, connecting lines, access facilities, storm sewers, collection facilities, television, telephone and communications lines, and structures to house equipment or facilities necessary and incidental to uses provided herein, on, over, across, and 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, TX as described in a deed to Westinghouse Electric Corporation recorded in Volume 475, Page 124 of the Brazos County Deed Records; said easement being more particularly described as follows: / /j e, ' Being a strip of land seventy (70) feet in width more particularly described as follows: I< l o 5.5-6 C-6) ptr/2790)(1 )-1 r- 10/05/82 VOL PAGE v U o Beginning at an iron rod at fence corner, marking the North corner of the beforementioned 53.883 acre tract, said iron rod also being the West corner of Lot 9, Block One, Raintree Subdivision, Section Three, according to the plat recorded in Volume 419, Page 41 of the Deed Records of Brazos County, Texas; Thence South 45 degrees 00' 00" East along the Northeast line of the beforementioned 53.883 acre tract for a distance of 1304.13 feet to an iron rod found at fence corner, marking the East corner of the said 53.883 acre tract, said iron rod also being the South corner of Lot One, Block Three, of the beforementioned Raintree Subdivision; Thence along the Southeast line of the beforementioned 53.883 acre tract adjacent to a fence South 44 degrees 27' 33" West 70.0 feet; Thence North 45 degrees 00' 00" West parallel to the Northeast line of the beforementioned 53.883 acre tract 1305.60 feet to a point intersection of the Northwest line of the beforementioned 53.883 acre tract; Thence North 44 degrees 56' 54" East along the Northwest line of the beforementioned 53.883 acre tract for a distance of 70.0 feet to the point of beginning. Said easement is granted upon the following terms and conditions: 1 . Grantee shall indemnify and save harmless the Grantor from and iagainst all losses, liabilities, claims, or demands whatsoever (including without limitation, costs and expenses in connection therewith) arising out of (a) any personal injury, including death or (b) out of any damage to or loss either of which being or destruction of property/caused by Grantee's negligence or the negligence of persons attributable to Grantee under Texas law. 2. Grantor covenants for its successors and assigns, not to construct, place, maintain or permit the construction, placement or maintenance of any building or such structure upon, over or across said easement. ptr/2790J(1 )-2 VOL PAGE5 0 10/05/82 3. Grantor grants to Grantee the right of ingress and egress over Grantor's adjacent lands to or from said easement for the purpose of inspecting, maintaining, constructing, reconstructing, repairing, operating and/or removing said public utility systems and/or public street and any or all fixtures and appurtenances thereto; the right to cut or trim trees and other foliage, roots, brush and other obstructions in the easement, to the extent, in the sole reasonable judgment 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 covenants 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 right herein granted to Grantee. 6. If Grantee fails to use easement within three (3) years 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 right of easement herein granted shall automatically terminate, except that Grantee shall continue after said termination to be obligated to Grantor under paragraph 1 hereof for any claims, loss, liability, demands, costs and damages as provided in paragraph one (1 ) above. ptr/2790J(1 )-3 10/05/82 c- VO1.Ls. OS'A'E u�� , 7. Grantee shall repair any damage to and/or restore the Grantor' s 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 grated subject to prior rights, conditions, covenants, easements, and encumbrances, if any, to which the Grantor's property is subject. 9. This agreement is for the benefit of and shall be binding upon the parties hereto, their successors or assigns. 10. Grantee will assess 9/10 of the reasonable cost of paving, and 100% of the reasonable curb and gutter costs against the Westinghouse property portion of said road at the time that road improvements are completed; Grantee will allow Westinghouse credit against the amount of such assessment equal to the pre-development value of the right-of-way and Grantor will be credited in the amount of TWENTY THREE THOUSAND SEVENTY EIGHT AND 00/100 DOLLARS ($23,078.00) . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers and their corporate seals to be duly affixed, as of the day and year aforesaid. ptr/2790J(1 )-4 10/05/82 VOL<s"SPADE_ °`c, t P,OR , rV •M ,rl - , \ 1 ,,, 4 11• r \ • `/ : co ATTEST WESTINGHOUSE ELE •IC `COMPANY X •▪ c... G'< . 0.,,,t By: ' )i. p , ' �,' ~ Assistant Secr--e�tary Vice rent, 0`�I --' , Y 4� ° a LA: _-EP( t, ATTEST y; t C ! ' '14:,*. , ��irTY !IF COLLEGE STATION r✓'ti f.`-• % R S COUNTY, TEXAS 041 F w y,y' y.. 1a +,• o• ."`j 3' ;,'-i. `.4 By 114! A147. '�'� A 14c, STATE OF PENNSYL NIA) SS �: _ ) COUNTY OF ALLEGHENY ) On this i/fr day of Oefp f.ey , 19 pJ, before me 4 vbrzzr b/, , , the undersigned officer, personally appeared p. E, L yo y who acknowledged himself to be the V,« Pieside/It of WESTINGHOUSE ELECTRIC CORPORATION, a corporation, and that he as such V'ce. Pies/de.2A 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 . ; --i {) • 1/ >I , • 0 � � ,1(ft�NC R. HAIT`1SS, ND An P 61 IC y ' otar�c? t`}�t y EC 5.7'n r- ALL_�N- ( 1.P iY 51 p AO COMMISSION d Ei.PIR'r_S APR. ?0, 13 85 �, 4 R y 9\3 ', ' Member,Pennsylvania Association of ",'ofai es ptr/2790J (1 )-5 v ,i, 10/05/82 VCfL& PAGE._._ ,.