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1983V590P275 JOINT UTILITY EASEMENT (Specific Property) Q, F 1 L E D� WELLBORN WATER SUPPLY CORP. AND At O'clocic__M CITY OF COLLEGE STATION JUL 22 198 Date Recorded �- ' " 3 271062 FRAN B0: KIE 1111Bko it tT, .Texas STATE OF TEXAS * Deputy; KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * THAT, GRACE H. MARSH, JOHN EMORY MARSH, JR. and LOUISE MARSH REEVES, Individually and as Trustee, 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 vp.luable as stated in letter from WWSC dated July 19, 1983 45,414)n, consideration, / in hand paid to GRANTORS by the City of 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 and RIGHT-OF-WAY on and through the following described property: Being a 111.6 acre tract situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, conveyed to J. E. Marsh, recorded in Volume 104, Page 55 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 agreed and understood that the Easement, rights, and privileges herein conveyed to the Grantee are limited to erect, construct, install, and thereafter use, operate, inspect, e•e.q) �Pa7 Underground public utilities, including water and sewer Provided however, it is expressly agreed an understood that the public uitilities to be placed within this easement are to be placed underground. In addition to the easement, rights, and privileges herein conveyed, the Grantee shall have the right to locate necessary surface facilities incident to maintaining the underground utilities, provided however, the location of such surface facilities are to be mutually agreeable to the Grantors and the Grantee and the Grantee will reasonably accomodate the use of the surface by the Grantors in locating or relocating such incidental surface facilities . It is expressly understood and agreed that the Grantee may come only upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and may 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 and facilities placed upon said property shall remain the property of Grantee. 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 15 ' EASEMENT for all purposes which do not interfere with and prevent its use by Grantee, including without limitaiton, the use and construction the Grantee to the above described items constructed or used by the Grantors. Also, this EASEMENT may be used by the Grantors or future Owners of this property as a "Greenbelt" strip to comply with the City ordinances for such "Greenbelts" . The easement, rights, and privileges herein granted shall be perpetual and GRANTORS DO hereby bind themselves, their heirs 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 same, or any part thereof. Should the Grantee fail to perform any covenant, undertaking, or obligation arising hereunder, all rights and privileges granted hereby shall terminate, and this agreement shall be of no further force or effect. Att- EXECUTED this ov day of , 19, 3 N / �.tr t . 1441,A-4A.4., '► GRACE H. MARSH JO ` • •Y MAR O , JR. LOU SE MARSH ^REEVES, Individually and as Trustee Approved as to Form This Document may not be changed without re-s .mission fo approval. [JCL Individual Acknowledgment State of Texas * County of Brazos * Individual Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on „�w,.t� JO 1 /7 ed_ by LOUISE MARSH REEVES, Individually and as Tr stee. 21/ /174...Title Gid My Commission Eipires: // -/o - ,.0 t: PARCEL 33 EXHIBIT "A" Being a strip of land for a permanent utility easement situated in Robert Stevenson League , Abstract 54, Brazos County, Texas , in a 111.6 acre tract conveyed to J.E. Marsh in Volume 104, Page 55 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGIN at an iron pin at the intersection of the existing east right- of-way line of State Highway 6 and the north right-of-way line of Greens Prairie Road (a County Road) ; Thence Northeast 350.5 feet along the north right-of-way line of Greens Prairie Road to the POINT OF BEGINNING of this DESCRIPTION: THENCE N 46° 56' 46" W, 32.2 feet to a right-of-way line of State Highway 6; point in the future east THENCE along the line coincident with the future east right-of-way line of State Highway 6 to an angle point the following: S 85° 50' 49" W, 94.5 feet N 49° 24' 36" W, 400.0 feet N 56° 46 ' 12" W, 1205.0 feet THENCE S 40° 35 ' 24" W, 131 feet to aoint in the existino right-of-way line of State Highway 6; p o east THENCE Northwest 20 feet along the existing east right-of-way line of State Highway 6 to an angle point; THENCE N 40° 35 ' 24" E, 143.2 feet to an angle point; THENCE along the line parallel with and 15 feet east of the aforesaid future east right-of-way line of State Highway 6 to an angle point the following: S 56° 46 ' 12" E, 1224,2 feet S 49° 24' 36" E, 394.8 feet N 85° 50' 49" E, 94.9 feet THENCE S 46° 56 ' 46" E, 38.8 feet to a point in the north right-of- way line of Greens Prairie Road; THENCE Southwest, 15 feet along the north right-of-way Greens Prairie Road to the POINT OF BEGINNING and the end nofof this DESCRIPTION, • t 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 eastern boundary is coincident with the eastern boundary of the aforesaid permanent utility easement. 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