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1983V571P805 ILED 261099 At/d:35 ,O'cloc M rlte ltecoxdea —JZ APR 2 1983 UTILITY EASEMENT (Specific Property) FRANK BORISKIE 97r Nzos C uDeputy THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS X THAT, WAYNE DUDDLESTEN, INC. , GRANTOR, a Texas Corporation, of the County of Harris, State of Texas, for and in consideration of the payment of TEN AND NO/100 DOLLARS, cash, and other good and valuable consideration, in hand paid to GRANTOR by the City of College Station, Texas, the receipt of which is hereby acknowl- edged, HAS GRANTED, SOLD, AND CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said City of College Station, a Texas Municipal Corporation, certain rights and interests in the nature of an EASEMENT on and through the following described property: Being situated on Lot 2A-1 , Block 1 , in the Southwest Place Subdivision, College Station, Texas , as platted and recorded in Volume 517, Page 701 , Deed Records, Brazos County, Texas. Provided however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by metes and bounds on the attached Exhibit "A" , known as the "Easement Area" . To erect, construct, install, and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove the following: An underground water transmission or distribution line, together with necessary related equipment, access, manhole or devices upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is 57/ __. 8 U a` • understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns forever, and GRANTOR DOES hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. The conveyance evidenced by this instrument is made and accepted subject to the following: 1 . Easements, building lines and stipulations as shown of record on resubdivision plat of Southwest Place, recorded in Volume 517, Page 701, Deed Records of Brazos County, Texas; and 2. Easement from James E. Jett, Trustee, to Ensearch Corporation, dated March 2, 1977, recorded in Volume 371 , Page 326 , Deed Records of Brazos County, Texas; and 3. Mineral Reservation in Deed from James E. Jett, Trustee, to Jett Property Management Company, dated January 22 , 1982, recorded in Volume 507, Page 829, Deed Records of Brazos County, Texas; and 4. Oil & Gas Lease from James E. Jett, Trustee, to Getty Oil Company, dated March 23, 1978 , recorded in Volume 31 , Page 673, Oil & Gas Lease Records of Brazos County, Texas. In addition, GRANTOR does hereby reserve unto itself, its successors and assigns, the right to construct, install, an thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove paving, driveways, sidewalks, landscaping, and any other similar improvements, but not buildings or other struc- tures, on the surface of the Easement Area, provided, however, that in the event the City of College Station, Texas, in the exercise of any of the rights and interests herein described, in any way damages or causes injury to the surface of the Easement Area and/or the improvements placed or constructed thereon by GRANTOR, the City of College Station, Texas shall have no liabili- ty or obligation for the repair or replacement to or of the -2- surface of the Easement Area or any improvements placed or constructed thereon by GRANTOR, the responsibility for any such repairs or replacement being in GRANTOR, or its successors or assigns. EXECUTED this 4th day of October, 1982. WAYNE DUDDLESTEN, INC. BY: , Approved as to Form: A(- Ri o . Vannucci , Vice-President Lowell F. D=nto , Corporate Acknowledgment THE STATE OF TEXAS X X COUNTY OF HARRIS X This instrument was acknowledged before me on October 4 , 1982 by Rigo J. Vannucci , Vice-President of WAYNE DUDDLESTEN, INC. , a Texas Corporation, on behalf of said corporation. \\ ♦ ..NNN�Bis �/ Imo/ vN& �\\\ �•'N {.tm � AA. 4 t.4-�✓ • 14. :: _; Li Tian S . Drake : • t Title Notary Public �s My commission expires 3-31-85 N • , c," Tt9 .••° *• s///," n i0 i Fig���`\\\\\` -3- GALINDO ENGINEERS AND PLANNERS 4103 S.Texas Avenue,Suite 204 P.O.Box 3322 Bryan,Texas 77801 (713)846-8750 WATER LINE EASEMENT LOT 2A-1 , Southwest Place College Station, Texas Being a part of Lot 2A-1 , Block 1 , Southwest Place Subdivision, College Station, Texas, as platted and recorded in Volume 517, Page 701 , Deed Records, Brazos County, Texas, and being a 15 foot wide water I i ne easement with its center line more properl y described as follows: BEGINNING at a point on the western right of way of Texas Ave. (S.H. 6) N 46°4'25" W and 37.0' from the southeasternmost corner of Lot 2A-1 , Block 1, Southwest Place Subdivision ; THENCE S 44°45' 17" W for a distance of 37.0' ; THENCE S 0°14'43" E for a distance of 28.0' ; THENCE S 44°45' 17" W for a distance of 360.0' to the end of the easement. i Ramiro A. Galindo, P.E., R.P.S. September 17, 1982 1F oriear eib- n44,4 ., a p� b sews 3A9yffy6-.1„,.7y -^'.�' vkDf r' Life, .2�gg (. L r�9 t, i tlr S it a41C".... group company