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1983V589P218 s fr t At 1EILEQ v O 'ciock_. _M 270417 JUL 1 8 19°3 UTILITY EASEMENT FRANK BORISKIE (Specific Property) County C rk, Brazos�fG0�nty, Bryan, Texas Drputy a I• Date r< c:,rr.: STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS THAT, UNITED FOUR JOINT VENTURE, a Texas Joint Venture Partnership, GRANTOR, 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 GRANTOR by the City of College Station, Texas, the receipt of which is hereby acknowledged, 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 a 745 . 83 acre tract situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, conveyed to Esther Cavitt Sims Estate in Volume 123, Page 136 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 Exhibits "A" and "B" , known as the "Easement Area", and any additional area outside the easement area necessary to install and attach anchors and guy lines or wires . To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: `z �. i der %, t / p ___ T Q4,Y x 1 1 589 218 VO ,___PAG i Underground public utilities, including water, sewer, electric, telephone, television; with necessary surface facilities incident thereto; and provided that Grantee will reasonably accommodate the use of the surface by Grantor in locating or relocating such incidental surface facilities . 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 understood and agreed that any and all equipment, poles, and facilities placed upon said property shall remain the property of Grantee. Grantor expressly subordinates all rights of surface use incident to the mineral estate to the uses of said surface by Grantee. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its succesors and assigns forever, and GRANTOR DOES hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, these rights g and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or the claim same, or any part thereof. The indemnity provision following is hereby made a part of this document. EXECUTED this // day of ..7- UNITED FOUR JOINT VENTURE e2 / A/_7 CARL SCAM_D yzC�t. �� BY. J'4 ES 5e. . . •DO y) _ Ara- PATSY • BOEDEKER ....4► J HAROLD BOEDEKER �� &- ------ KAY OEHRING i --- III-r-Ir4L •i `, DEN S GOEHRIN ='RBARA ANGOLA '1 DON ANGONIA 8 ✓ VOL PAGE 210 INDEMNITY PROVISION Grantees agree to indemnify and hold harmless the grantors for any property damage or personal Approved as to Form injury suffered as a proximate result of the This Document may not installation of public utilities within the be chane - . ithout easement area. Subsequent to initial installation, re- .mis- i• , 41„. approval . the city agrees to indemnify and hold the grantor ������ harmless as to any claims for property damage or Low- F. Denton -- personal injury asserted by third parties against the grantor, and which are proximately caused by the negligence or other fault of the City in operating or maintaining the easement area or the public utility facilities located therein. Joint enture Partnership Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on ---Uu''� // /9 by JAMES SCAMARDO, as Partner of UNITED FOUR JOINT VENTURE, a Texas Joint Venture Partnership, on behalf of,sAid joist venture partnership. , � P Tit e jUJ Ak, C My commissi.• expires : a/?J' Joint Venture Partnership Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on by HAROLD BOEDEKER, as Partner of UNITED FOUR JOINT VENTURE, a Texas Joint Venture Partnership, on behalf of said^.joint venture partnership. • Cl / /, IO Title __-- 9 ;. My Commission pires : Joint Venture Partnership Acknowled ment State of Texas * �~-- County of Brazos * This instrument was acknowledged before me on by DENNIS GOEHRING, as Partner of UNITED FOUR VOL PA,GE 21'; a JOINT VENURE, a Texas Joint Venture Partnership, on behalf of said joint''yxiture partnership. OP .tl-t .zr - ,.i '' My Commissi n Ex fires : g521-4a-41S Joint Venture Partnership Acknowledgment State of Texas * County of Brazos * T' This instrument instrument was acknowledged before me on -JZj //I /9.1.3 by DON ANGONIA, as Partner of UNITED FOUR JOINT VENTURE, a Texas Joint Venture Partnership, on behalf of saik0Q nt. venture partnership. `,, / / • ,� , ' Title 17a j My Commis s i. Expires : .!5-1../.2-1C- . i, 1 Single Acknowledgment State of Texas * County -of .Brazos * This instrument was acknowledged before me on f/�. 1 983 by CAROL SCAMARDO. , , ., ,, Title #4,_ ,.e__ /!MP My commiss on e;pires - j -Li--- • Single Acknowledgment State of Texas * County of Brazos * 17--,��,,,;;�,"This instrument was acknowledged before me on _J•11_4g._ e;'•114_ by PATSY W. BOEDEKER. Tit e / G41,,..„_!�_ / /V' _ • My Commissio,1 Exvires : s-c Single Acknowledgment --------__._---- State of Texas * County of Brazos * This instrument was acknowledged before me on 5t3 .9 221 VOL PAGE • • • Y id /Q 0 by KAY GOEHRING. Ti er�L.i My Commi sion Exp'/ es : Single Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on c,7;4� _/f /9�� by BARBARA ANGO IA. Tits ,a .1 i '// / My Commis sio Ex), re� / ,2 JJS $ g VOL PAGE22� fi PARCEL 32 EXHIBIT "A" Being a strip of land for a permanent public utility easement situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, and the 745.83 acre tract conveyed to Esther Cavitt Sims Estate in Volume 123, Page 136 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 Sims tract and a 30.0 acre tract conveyed to Dwayne L. Rhea and wife, Jewel T, in Volume 421, Page 234 of the Deed Records of Brazos County, Texas; Thence Southeast, 108 feet along the common property line of said Sims Estate and Rhea tract to the POINT OF BEGINNING of this DESCRIPTION: THENCE along a line coincident with the future west right-of-way line of State Highway 6 to an angle point the following: S 49° 24' 36" E, 756.6 feet S 45° 07' 15" E, 200.6 feet S 49° 24' 36" E, 785.0 feet THENCE N 40° 35' 24" E, 125 feet to a point in the existing west right-of-way line of State Highway 6; THENCE Southeast, 20 feet along the existing west right-of-way line of State Highway 6 to an angle point; THENCE S 40° 35 ' 24" W, 125 feet to a point in the future west right-of-way line of State Highway 6; THENCE along a line coincident with the future west right-of-way line of State Highway 6 to an angle point the following: S 40° 38' 45" E, 1209.1 feet S 45° 35 ' 45" E, 100.6 feet THENCE S 26° 53' 29" W, 15.7 feet to an angle point; THENCE along a line parallel with and 15 feet west of the aforesaid west right-of-way line of State Highway 6 to a point in the common property line between said Sims Estate and Rhea tract the following: N 45° 35 ' 45" W, 106.0 feet N 40° 38' 45" W, 1213.7 feet N 49° 24' 36" W, 799.4 feet ' N 45° 07 ' 15" W, 200.6 feet N 49° 24' 36" W, 756.1 feet 589 THENCE Northeast, 15 feet along the common property line between said Sims Estate and Rhea tract 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. -2- 5 8 9 VOL PAGE EXHIBIT "B" Being a strip oaf land 20 feet wide for a permanent public utility easement situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, and the 745.83 acre tract conveyed to Esther Cavitt Sims Estate in Volume 123, Page 136 of the Deed Records of Brazos County, Texas, and be- ing more particularly described as follows: BEGIN at the east corner of said 745.83 acre tract, said corner being the intersection of the existing southwestern right-of-way line of State High- way 6 and the northwestern right-of-way line of Greens Prairie Road; Thence Southwest 312 feet along the northwest right-of-way of Greens Prairie Road to an angle point; Thence Southwest 77 feet along the northwest right-of- way of Greens Prairie Road to an angle point; Thence Southwest 118 feet along the northwest right-of-way of Greens Prairie Road to the POINT OF BEGINNING of this DESCRIPTION; THENCE along the northwest right-of-way of Greens Prairie Road to an angle point, the following: S 42° 43' 56" W 0.78 feet S 42° 19' 55" W 19.23 feet THENCE N 45° 35 ' 45" W 118.14 feet to a point in the future southwest right-of-way line of State Highway 6; THENCE N 26° 53' 29" W 20.97 feet along a line coincident with the future southwest right-of-way line of State Highway 6; THENCE S 45° 35' 45" E 123.73 feet 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 centerline is coincident with the centerline of the aforesaid permanent easement. 589 22;3 VOL PAGE