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1984V649P407 O9 - y L t. "1 • 2899390L' E 'R UTILITY EASEMENT FEB9 BRA (Specific Property) Xi 144i STATE OF TEXAS 11M*, �) 5 V(} KNOW ALL MEN BY THESE PRESENTS: COUNTY OFBRAZOS THAT, JOE COURTNEY, INC. , a Texas Corporation, 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 a perpetual EASEMENT on and through the following described property: Lots 4 and 5, Block Two, Woodway Village Section Two, located in the Crawford Burnett League, Abstract 7 , City of College Station, Brazos County, Texas, and recorded in Volume 525, Page 645 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 as : Five feet beginning at the southerly corner of Lot 4, Block 2, in Woodway Village Section Two, a subdivision in the City of College Station, said point also being common to Lot 5, Block 2, and being a point in the west right-of-way line of Woodsman Drive. 56°01 ' 55" W 138.00 feet to its end; Thence N and any additional area outside the easement area necessary to install and attach all equipment and facilities, anchors, necessary and incident to the uses of theguy EasementsArea. To erect, construct, install, and thereafter reconstruct, modify, use,doperate, inspect, repair, maintain, y, and remove the following: Electric transmission and distribution lines and street lights upon, over, and across said property as herei n ways, streets, roads, or alleys abutting same; andstolbcut, trimr and control the growth of trees and other vegetation on and in the easement area or on adjoiningy of Grantor, wh might interfere with or threaten the operation and maintenanceich any public utility equipment, accessories, or operations . Grantor expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by Grantee. TO HAVE AND TO HOLD the rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and itsein succesorsland assigns forever, and GRANTOR gsors and assignsd does hereby bind itself, its singular, warrant and forever defend, all and g , these rights and interests unto the CITY OF STATION, TEXAS, and its successors and assigns, againstCOLLEGE Y -1- 3KQ141 78543 • 46°CCO VOL 649r E407 r person whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this 7, day of 1p 14)✓LAQ- , 1981)./C-1 JOE COURTNEY, INC. BY: A Ci= J• ' •URTNEY Approved as to Form This Document may not -- fanged with- . - re-subm - - ' on f• - `.� • al. Iorporate Acknowledgment State of Texas County of Br. - os * This nstrument was acknowledged before me on the _ day of , 1984, by JOE COURTNEY, as �i�'ee. r1 �j of JOE TN -- CO REY INC. , a Texas Corporation, on behalf of „said corporation. 1 4 40Fy tC 4Eiz � O-4--.,_f .commission expires -�� MORTGAGEE' S CONSENT/SUBORDINATION STATE OF TEXAS COUNTY OF BRAZOS * That the undersigned of the County of Brazos anj State of Texas, the present legal and equitable owner and holder of one certain Thpromissory note in the principal sum of Two Hundred Twenty Five ousand and No/100 ( p5,000.00 ) DOLLARS, dated December 15, 1983 executed by JOE COURTNEY, INC. , payable to the order of BrazosBanc, Bryan, Texas, more fully described in the Deed of Trust duly recorded in Volume 632 , Page 58 of the Deed Records of Brazos County, Texas, said note being secured by said Deed of Trust against the property described on Exhibit "A" attached hereto and incorporated herein for all purposes . The undersigned, for good and valuable consideration, expressly subordinates the above-described lien to the easement and right-of-way granted to the City of College Station by a document executed by JOE COURTNEY, INC. , and recorded in the Deed Records of Brazos County, Texas . It is expressly agreed and understood that this consent to subordination shall in no wise release, affect or impair said lien, nor shall the priority of said lien be affected accept as -2- VOL 649pg5405 4 to the City of College Station. Executed this 8th day of February , 19 83 . BRAZOSBANC + r 7 1 r l / � / e BY: '.� � �` r' E. Allen Cruthirds Title Se or Vice President -3- 64961v:409