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1983V614P36 279874 cr..7 13 UTILITY EASEMENT (Specific Property) (/( THE STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That ARC Automation Services, Inc. , the same corporation which was formerly Agency Records Control, Inc. , Grantor, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN AND NO/100 ($10 ,00) 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, HAVE GRANTED, SOLD AND CONVEYED and by these presents to GRANT, SELL, and CONVEY unto the said City of College Station, a Texas Municipal Corporation certain rights and interests in the nature of a perpetual EASEMENT on and through the following des- cribed property: Being Lot 1, "Agency Records Control, Inc. " an addition to the City of College Station, Texas according to the Plat thereof filed with the County Clerk of Brazos County, Texas under file number 278407 . Provided however, that this conveyance shall grant the rights herein specified only as to that portion. oE 'the above described property more particularly ".des.Cr: .bed-by course, width, and centerline on the attached Exhibit ."A" , known as the "Easement Area" , and any additional area outside the easement area necessary to install and attach all equipment' and facilities necessary and incident to the uses of the Easement Area. To erect, construct, install, and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove the following: Two underground water service lines supplying above ground fire hydrants presently located within the Easement Areas shown in Exhibit "A" upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim x2(1,4-,9 76-I4 1,036 �►�± h IG��� 61 `) 04 0_ 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 sur- face by Grantee, and agree to lender ' s subordinations on behalf of Grantee upon request. It is expressly understood that the Grantors or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the 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, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof by or through Grantor and not otherwise. EXECUTED this 13th day of October , 1983. ARC AUTOMATION SERVICES, INC. BY: ` PL94i DAHL Ex cutivic= Presiden BY:/' J. L1 ANDACE C- :' �,TELL Assistant ecretary Approved as to Form This Document may not •e changed without . :it i s s ' - • approval. -2- g14rt' r 37 THE STATE OF TEXAS * COUNTY OF BRAZOS * This instrument was acknowledged before me on the 13th day of October , 1983, by PHILLIP LJUNGDAHL, as Executive Vice President of ARC Automation Services, Inc. Notary Public in and for Brazos County The State of Texas My Commission Expires: fit May 9 , 1987 `'f t ' �n Cts THE STATE OF TEXAS * COUNTY OF BRAZOS * this instrument was acknowledged before me on the 13th Assistant day of October , 1983, by CANDACE CRESSWELL, as Secretary of ARC Automation Services, Inc. 04(24i0A.62, 6 _e_i Notary Public in and for Brazos County The State of Texas My Commission Expires: May 9 , 1987 • t, r- r f c_ -3- EXHIBIT "A" EASEMENT 1 FIELD NOTES 15' Wide Water Line Easement • ARC Property Being all that certain tract or parcel of land, lying and being situated in the MORGAN RECTOR LEAGUE in College Station, Brazos County, Texas, and being a part of that tract called 37.32 acres conveyed to Agency Records Control , Inc. by deed recorded in Volume 313, Page 816 of the Deed Records of Brazos County, Texas , and being more particualrly described by metes and bounds as follows: COMMENCING: at a 2-inch iron rod found marking the east corner of the said 37. 32 acre tract, said iron rod also being in the northwest line of a County Road called Sebesta Road and being at the south corner of EMERALD FOREST ADDITION Phase Three and Y-ecorded in Volume 484, Page 657 of the Deed Records ; THENCE: S 42° 19' 34" W along the :aid line of Sebesta Road for d distance of 196.05 feet to the POINT OF BEGINNING; THENCE: 7.50 feet either side of the centerline bearing N 46° 32' 20" W for a distance of 475.00 feet to the end of this 15-foot wide waterline easement and containing 7,125 square feet of area, more or less, according to a survey made under the supervision of Michael R. McClure, Registered Public Surveyor No. 2859 in October, 1983. • • 14r.,,i C19 ./ill EXHIBIT "A" EASEMENT 2 FIELD NOTES 15' Wide Water Line Easement ARC Property Being all that certain tract or parcel of land, lying and being situated in the MORGAN RECTOR LEAGUE in College Station, Brazos County, Texas, and being a part of that tract called 37.32 acres conveyed to Agency Records Control , Inc. by deed recorded in Volume 313, Page 816, of the Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING: at a 2-inch iron rod found marking the east corner of the said 37.32 acre tract, said iron rod also being in the northwest line of a County Road called Sebesta Road and being at the south corner of EMERALD FOREST ADDITION Phase Three and recorded in Volume 484, Page 657 of the Deed Records ; THENCE: S 42° 19 ' 34" W along the said line of Sebesta Road for a distance of 1000.00 feet to an iron rod at a fence corner for corner, said corner also being the most southerly corner of the aforesaid 37.32 acre tract; THENCE: N 47° 47' 10" W along the southwest line of the said 37.32 acre tract for a distance of 1255.55 feet to the POINT OF BEGINNING; THENCE: 7.50 feet either side of the centerline of this easement for the following calls: N 46° 02 ' 27" E for a distance of 512.68 feet, N 74° 56' 12" E for a distance of 50.00 feet and N 50° 34' 46" E for a distance of 30.00 feet to the end of this easement and containing 8,890 square feet of area, more or less according to a survey made under the supervision of Michael R. McClure, Registered Public Surveyor No. 2859 in October, 1983. ' ( • `. rri � ql 4 �' i'C 40