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1984V690P149 r , UTILITY EASEMENT (Specific Property) STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) THAT, TRES DEVELOPMENT CORPORATION, a Texas Corporation, GRANTOR, of the County 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: A part of a tract of land known as Lot 1 , Block D, of the Eastmark Subdivision Phase III as shown by plat recorded in Volume 579, Page 343 , of the Deed Records of Brazos County, Texas, said parcel being situated in the Morgan Rector Survey, Abstract #46 , College Station, 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" , and any additional area outside the easement area necessary to install and attach equipment , guy wires, and anchors necessary and incident to the uses of the Easement Area . To erect, construct, install , and thereafter use , operate , inspect, repair, maintain, reconstruct, modify, and remove the following : Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface . 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 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 above de ;�cited uses of said surface by GRANTEE, and agrees to sublender' s slabordinations on behalf of GRANTEE upon request . FILED 1994 JUN I I AM !a 23 (4i ,04.44:44:p COUNTY CLERK `y 1 _ BRA' SBRYAN Cit ttlY raASCOURTHCUS .•4 It is expressly understood that the GRANTOR 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, and its successors and assigns, against every person whomsoever lawfully claiming , or to claim same , or any part thereof. EXECUTED this 14 day of d U OJC, 1984 . TRES VELOPM T CORPORATION ATTEST: BY' Lit �J �lLi DAVID GUIN, President STE H L. SMIT , Secretary APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF Texas COUNTY OF Kendall ) CORPORATE ACKNOWLEDGMENT ) This instrument was acknowledged before me on the 4th day of June , 19 84 Development Corporation a , by DAVID pIN, as President of Tres Texas Corpor�'tion •,;, ;;:,; �,, <,, MILDRED E. CO,ir, r, NOTARY PUBLIC ''`-•� °` °."^•.:/" ve, PJiy Comri;i3S211 expires 10.1 •81 ''�.; Title -t"" 'Y`� My Commission Expires : �/ ,,, A P, •`i !!� lS.nfY p�,IL�Y�i.Ytb1`yt'i rl'II 6010Pi r.c 1`..: - 2 - FIELD NOTES OF A UTILITY EASEMENT BEING A PART OF LOT 1, BLOCK D EASTMARK SUBDIVISION PHASE II MORGAN RECTOR SURVEY, ABSTRACT NO. 46. COLLEGE STATION, BRAZOS COUNTY, TEXAS * APRIL, 1984 * Utility Easement lying and being situated in the Morgan Rector Survey, Abstract No. 46, College Station, Brazos County, Texas, and being a' part of that same tract of land known as Lot 1, Block D of the Eastmark Subdivision Phase II as shown by a plat recorded in Volume 579, Page 343 of the Deed Records of Brazos County, Texas, said parcel of land being more particularly described by metes and bounds as follows: BEGINNING at an iron rod marking the beginning of a curve to the right at the southeasterly corner of said Lot 1, Block D of Eastmark Subdivision Phase II, said point lying on the southwesterly right-of-way line of Central Park Lane; THENCE S 21° 22' 13" E for a distance of 22.36 feet along the chord of said curve to a point for corner lying on the southwesterly right-of-way line of Central Park Lane, said curve has a radius of 25.00 feet and a central angle of 53° 07' 48"; THENCE N 47° 56' 07" W for a distance of 92.00 feet to a point for corner; THENCE S 42° 03' 53" w for a distance of 112.00 feet to a point for corner; THENCE N 47° 56' 07" W for a distance of 20.00 feet to a point for corner; THENCE N 42° 03' 53" E for a distance of 112.00 feet to a point for corner; THENCE N 47° 56' 07" W for a distance of 459.00 feet to a point for corner; TH--HENCE S 42° 03' 53" W for a distance of 202.00 feet to a point for corner; THENCE N 47° 56' 07" W for a distance of 20.00 feet corner; a point for THENCE N 42° 03' 53" E for a distance of 202.00 feet eet to a point for 1 J FIELD NOTES OF A UTILITY EASEMENT BEING A PART OF LOT 1, BLOCK D EASTMARK SUBDIVISION PHASE II MORGAN RECTOR SURVEY, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS * APRIL, 1984 * (CONTINUED) THENCE N 47° 56' 07" W for a distance of 236.50 feet to a point for corner; THENCE N 42° 03' 53" E for a distance of 10.00 feet to a point for corner lying on the northwesterly right-of-way line of Central Park Lane; THENCE S 47° 56' 07" E for a distance of 807.50 feet to the PLACE OF BEGINNING, and containing 0.33 acres of land, more •r less. Prepared By:\INIV��, John D. Olsen Registered Public Surveyor No. 4271 *PSE•0F • I 1( JOHN D. OLSEN ) c 4271 it-f /G0...e,s,t... •�91 +�<:a••SUR '.4 r� VUL 690PArE 152