Loading...
1983V600P60 Date Recorded 2'7 5 0 0 5 JOINT UTILITY EASEMENT (Specific Property) At "bO O'clock---_h1 WELLBORN WATER SUPPLY CORP. AND CITY OF COLLEGE STATION FRA :OR SKI :Fix Cou t, B y. T.x.. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * THAT, DWAYNE L. RHEA and wife, JEWEL T. RHEA, 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 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 30.0 acre tract situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, conveyed to Dwayne L. Rhea and wife, Jewel T. Rhea, recorded in Volume 421, Page 234 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, repair, maintain, reconstruct, modify, and remove the following: 1 ,VOL 6OOPAGE OGO Y4 -04�.•; C C 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, C 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 20 ' EASEMENT for all purposes which do not interfere with and prevent its use by Grantee, including without limitaiton, the use and construction of streets, roadways, driveways, alleys, parking lots, paving, curbs, lawns, and otherlike uses, on, over, and across this VOL 600PAGE 061. '. : g :,.sem S . _ (- EASEMENT. Grantee shall replace and restore any damage done by th 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 privilegs 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 the 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. EXECUTED this /— day of e / , 19 r$ ‘110/ DWA' E L. RH A '4a4e.rx, J EL T. EA Approved as to Form This Document may not be changed without re-submission/ or approval. Alb td,. :� . .etty�i .• Individual Acknowledgment �. .�*<� State of Texas * '` "• •- County of Brazos * r�'• • This instrument was acknowledged before me on C>> .z,Y-\\L") \G( 3 VOL 600PAGE 062 ) •C2, by DWAYNE L. RHEA and wife, JEWEL T. RHEA. --,\ .(riAC.3.A.) - Title My commission expires: (Gly] )S Y VOL 600PAGE 063 . • - ailliii=-••••10 .. ' - - . . c. ), .. • 4. \ - . . -- - . .. i '- • • • . • . . ' - ..‘ . . • .... ,..- . . TO'. PARCEL 31 EXHIBIT "A"• ,i, , . -,.4 0,-;%,‘.!'; (-i t"1-.."u4-;' „,:-,t:t,.,: , , .„ ) . 1 ; ) , - Being a strip ofiLlar0 15 feet wide for'a permanent public Utility easement situatedin.the Robert Stevenson league, Abstract 54, in l'IltaCi COLinty, Texas, in a 30..0 -acre tract conveyed to Dwayne L. Rhea ''-and Wife,....4ewei T. -Rhea,. in Volume 421, Page 234 of the Deed Records ,.. of Brazog4Countyi''.,Texasand 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 in the common eastern corners of __ said Rhea tract and a 5.0 acre tract conveyed to Patrick Farrell and • wife, Marguriette Farrell, in VoLUme 383, Page 223 of the Deed Records of Brazos County, Texas: Thence Southwest, 109 feet along the common .: - property line between said Rhea and Farrell tracts to the POI OF, BEGINNING of this. DESCRIPTION; : _ .sl . . _ •. , THENCE S497_24'..36" E, 3064feet along he line coincident with the future west right-of-way line of State Highway6to a point inthe -2 - common property line between saidAtheatract and a 745. 3 acre tract Conveyed to Esther Cavitt •Sims Estate in Volume 123, Page 136 of the - - Deed Records of Brazos County, Texas, said point also being. south _ - _., west 108 feet from an iron pin in the existing west right-of,way line _ .. of State Highway. 6 „and being the_ common eastern corners of said Rhea - _. ..,.. _ and' 'Simi tracts.; -. 1 - .,-' '.' ' ' ---• ' - . . — f)::-:. : '. • - --.. . . 4' THENCE Southwest, 15 feet along the commOri.property line of said Rhea i and Sims tracts to a point; - . ,- - THENCE N.49° 24' 36" W, 306,4 feet parallel with and 15 .feet west of the aforesaid future west right-of-way line of State. Highway 6 to a ) point in the coon property line of said Rhea and Farrell tracts; „ . . . .-,...,...THENCE Northeast, 15 feet along the common property line between said Rhea and Farrell tracts to the POINT OF BEGINNING and the end of this DESCRIPTION . ji .- --. . . .. . . . , _ 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 4 -L.-- .„..,— .: ... the western boundary of the aforesaid permanent easement. .„ ., ,.. .. VOL 60uPAGE 064 :. , •, ..„,,,,?,_-. . _ • ,. ..„.,,. ...m,,,,,,v, . .;.,,.,:_,,e•;..,r,i. ::.,, z,tt'_ ,..;,ii, '-iii,i;:::.:4'.';'2,:t;C ". Ft.:4; ;Mlib,'-'. ' '