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1983V586P572 `--' I EILEU. r At fn O'clock J U L 6 1983 FRANjORISKIE cou y +erk, Bra •unt Bryan,Texz UTILITY EASEMENT Deputy (Specific Property) 209084 STATE OF TEXAS rate KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * THAT, STEPHEN L. BAKER, ROBERT S. BAKER, MICHAEL W. BAKER, EMILY MARIANNE BAKER and RALEIGH MARK BAKER, GRANTORS, of the County of Brazos, 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 GRANTORS by the City of TM College Station, Texas, the receipt of which is hereby acknowledged, HAVE GRANTED, SOLD, AND CONVEYED and by these presents do 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 an 85. 75 acre tract situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, conveyed to Robert S. Baker, et al, recorded in Volume 386, Page 555 of the Deed Records of 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 course, width, and centerline on the attached Exhibit "A" , known as the "Easement Area" . It is expressly understood and agreed that the easement rights and privileges herein conveyed to Grantee are limited to erection, construction, installation, and thereafter use, y 1 / if/i*mac( including water and sewer, 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(s ) , which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations permitted hereby. It is understood and agreed that the said utilities shall be placed underground • only, except for necessary and incident surface equipment or facilities . It is further agreed that Grantee will reaso ly or Future Owners ' of this property, accommodate Grantors '/ intended surface uses in locating or relocating any incidental surface facilities. Grantors expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface by Grantee. It is expressly understood that the Grantors or future Owners of this property reserve the right to use this 20 ' EASEMENT for all purposes which do not interfere with and prevent its use by the Grantee, including without limitation, the use and construction of streets, roadways, driveways, alleys, parking lots, paving, curbs, lawns, and other like uses, on, over, and across this EASEMENT. Grantee shall replace and restore any damage done by the Grantee to the above described items constructed or used by the Grantors. Also, this EASEMENT may be used py the Grantors or future Owners of this property as a "Greenbelt" strip to comply with the City ordinances for such "Greenbelts" . GRANTOR warrants the perpetual rights and interests in the nature of an easement herein described unto the CITY OF COLLEGE STATION, TEXAS, and its succesors and assigns forever, and GRANTOR(s) DOES harahv hi nr3 thrlmaal vac thai r moi rc anr� aSCi r*nc fir, assigns, against every person whomsoever lawfully claiming, or the claim same, or any part thereof. --i EXECUTED this�o day of .74.1 3;;; , 19 �r �rI STEPHE. L. BIKER, Individually and as Attorney in Fact for MICHAEL W. BAKER, ROBERT S. BAKER, EMILY MARIANNE BAKER, and RALEIGH MARK BAKER, under Power of Attorney dated June 10 , 1983 , a copy of which has been recorded in the Deed Records contemporaneously with this easement. Approved as to Form This Document may not be changed without - - - -'. ' ssion for approval. • Individual Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on _1122.27.1L1-22___________ by STEPHEN L. BAKER. tz gip -, AY/.L. ii.✓ A .44 -,„--i Title Notary Public � : •. My commission expires_ ,4/10/84 Attorney In Fact Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on June 30, 1983 by STEPHEN L. BAKER, Individually and as the Deed Records contemporaneously with this easement. , 4 Oleadi114%K. &kV(' Title Notary Public My commission expires 4/10/84 -o • �1,F� PARCEL 22 EXHIBIT "A" Being a strip of land 20 feet wide for a permanent public utility easement situated in the Robert Stevenson League, Abstract 54, Brazos County, Texas, in an 85.75 acre tract conveyed to Robert S. Baker, et al by deed recorded in Volume 386, Page 555 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGIN at an iron pin in the existing west right-of-way line of State Highway 6 , said iron pin also being the common eastern corners of said Baker tract and a 22.796 acre tract conveyed to Peyton Waller by deed recorded in Volume 327, Page 90 of the Deed Records of Brazos County, Texas; Thence Southwest, 111 feet along the common property lane between said Baker and Waller tracts to the POINT OF BEGINNING of this DESCRIPTION; THENCE along aline coincident with the future west right-of-way of State Highway 6 to an angle point the following: S 49° 24' 36" E, 1200.3 feet S 43° 41' 58" E, 201.0 feet S 49° 24' 36" E, 240.0 feet S 1° 23' 52" E, 58.6 feet THENCE S 48° 00' 46" E, 10.4 feet to a point in the northern right- of-way line of Barron Road (a County Road) , said point also being southwest 185 feet from an iron pin at the intersection of the . existing west right-of-way line of State Highway 6 and said north right-of-way of Barron Road; THENCE Southwest, 20 feet along said north right-of-way line of Barron Road to a point; THENCE N 48° 00' 46" W, 19.0 feet to an angle point; THENCE along a line parallel with and 20 feet west of the aforesaid future west right-of-way line of State Highway 6 to a point in the common property line of said Baker and Waller tracts the following; N 1° 23' 52" W, 58.3 feet N 49° 24' 36" W, 232. 1 feet N 43° 41' 58" W, 201.0 feet. N 49° 24' 36" W, 1199.5 feet THENCE Northeast, 20 feet along the common property line between said Baker and Waller tracts to the POINT OF BEGINNING and the end of this DESCRIPTION. An additional easement for construction purposes is granted for one (1) year from the date hereon, said construction easement being a 50-foot wide strip of land whose western boundary is coincident with the western boundary of the aforesaid permanent easement. ,,,52.1„AL,..vm. 576 ii