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1984V723P360 z73 6 RIGHT-OF-WAY EASEMENT STATE OF TEXAS § S KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS § That THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, hereinafter called the "GRANTOR" , acting by and through its Chan- cellor, duly authorized by Board Minute Order No . 2g-78 of the GRANTOR, on behalf of the State of Texas , by virtue of the author- ity granted to the GRANTOR by Subtitle ( c) , Chapter 85 , Section 85 .26 , Texas Education Code, in consideration of the mutual bene- fits to be derived by both Parties hereto, does hereby GRANT, BAR- GAIN, SELL, AND CONVEY to the City of College Station, Texas, hereinafter called the "GRANTEE" , its successors and assigns , a twenty foot ( 20 ' ) wide electric utility line easement and right- of-way being more particularly described as follows : BEING a strip of land in the J .H . Jones Survey, Abstract No . 148 , in Brazos Coun- ty, Texas , twenty ( 20' ) feet in width through that 63 .4 acre tract described as FIRST TRACT in Condemnation Judgment No. /- _ 41-A dated December 6 , 1943 and recorded in Volume 5 of the Civil Minutes of the County Court of Brazos County, Texas , and : lying ten ( 10 ' ) feet each side of the following described center line : COMMENCING at a concrete right-of-way marker found at the intersection of the southeast line of F .M. 60 and the south- west line of F.M . 2818 . ;. THENCE S 59 degrees 57 ' 52" W - 268 .7 feet c along the southeast right-of-way line of F.M. 60; THENCE S 34 degrees 30 ' 49" E - 5.0 feet to the Point of Beginning of this ease- 3 0 a 2 i)2 ment; THENCE S 57 degrees 53 ' 18" W - 176 .81 feet to an angle point; THENCE S 56 degrees 19 ' 42" W - 1079 :16 feet to an angle point; THENCE S 52 degrees 47 ' 07" W - 589 .89 72:31 :160 ii feet to a point located S 38 degrees 06 ' E - 22 .0 feet from the southeast line of F .M. 60 and N 41 degrees 59 ' E - 25 .0 feet from the southwest line of the said 63 .4 acre tract; THENCE S 48 degrees 01 ' 03" E - 608 .27 feet parallel to and twenty five feet ( 25 ' ) from the southwest line of the said 63 .4 acre tract to the end of this ease- ment . which easement and right-of-way is hereinafter called the "Right- of-Way" with the right to construct and erect an electric utility line (hereinafter called the "Facility" ) and to maintain , repair , replace, and rebuild the Facility on and across the Right-of-Way upon the following terms and conditions : 1 . It is agreed that when the Facility is placed on said land, the location of the Right-of-Way shall hereby become fixed at the actual location of the Facility and that the course and location of said Right-of-Way, as evidenced by a survey made on the ground by the GRANTEE, and shall not be changed except by prior written agreement with the GRANTOR. 2. The GRANTEE is hereby granted the right of ingress and engress to and from the Right-of-Way for the purpose of construct- ing, maintaining, repairing, replacing, and rebuilding the Facili- ty and such right is not granted for any other purpose . The GRANTEE agrees to occupy the land only to the extent and for the length of time necessary for operating, constructing, maintaining , repairing, replacing, and rebuilding the Facility. -2- 3 . It is understood that the GRANTEE cannot construct , erect, or maintain any facility unless the same is specifically provided for in the first paragraph of this Agreement . However , the GRANTEE is entitled to replace said cable or line with a larg- er or smaller cable or line , but it cannot build another cable or line alongside its first cable or line or at another location without having secured the prior written consent of the GRANTOR. 4 . It is agreed that if the GRANTEE damages or destroys any fences , roads , bridges , culverts , buildings , or other property or improvements on said land (other than the structures constructed by the GRANTEE) that the GRANTEE will , within a reasonable time , rebuild and repair the same to the extent that they shall be in like condition as before the GRANTEE damaged or destroyed them. 5 . As a part of the consideration for this easement , GRANTEE agrees that Grantor shall have the absolute right to purchase said utility line and any appurtenances thereto during the term of such easement , at the expiration thereof , or upon its abandonment by GRANTEE . Such utility line and any appurtenances thereto shall remain in place during the term hereof and thereafter without the right of Grantor to remove same . The purchase price is based upon the actual construction cost of such installation, which figure is not available at the execution hereof . However, the schedule set out in Exhibit A (attached) reflects the formula from which the price may be calcu- lated at the time of purchase . The actual installation cost figure ( in verifiable form) shall be provided to the Associate Vice Chancellor and System Comptroller, of The Texas A&M Universi- ty System by Grantee no later that January 1 , 1985 and the failure to so provide such figure shall render this instrument null and void. 6 . It is further agreed that the GRANTEE shall pay to the GRANTOR all roadway construction costs attributable to cable or line adjustments made necessary at any time in crossing the Right- Of-Way. 7 . It is specifically understood and agreed that this grant is a grant of right-of-way easement only, and does not grant the fee or any interest in the minerals , in and to the land affected hereby. 8 . In accordance with Section 85 .26 , Paragraph ( c) , Texas Education code, this grant of an easement is hereby limited to a term of not longer than ten ( 10) years and may be renewed there- after at the election of the GRANTOR. -4- '''%()r) r I I �/ F 1 r mayy. is X45. 9 . The GRANTOR hereby expressly reserves for its use and for the use of any part of The Texas A&M University System total ac- cess to, across , and along the Right-of-Way for its own operations or for those operations of its contractors , employees , invitees , or licensees, such use to be in common with that of the GRANTEE . EXECUTED this IV day of Sep4tv►-, ber , 1984. GRANTOR: THE BOARD OF REGENTS OF THE THE TEXAS A&M UNIVERSITY SYSTEM B y: gl),/� W. A. Wasson Associate Vice Chancellor and System Comptroller GRANTEE: CITY OF COLLEGE STATION, TEXAS t \B 141:71 //. Y: Title: STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM A. WASSON, Associate Vice Chancellor and System Comptroller of The Texas A&M University System, known to me to be the person whose name is subscribed to the foregoing instrument i ' and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 104-- day of Sep pW1ixY , 1984 . � \.+.r 1 L, J. Q No ary Public in and for • r' Brazos County, Texas (, / My commission expires: 0- 6- Csq. Printed Name: Teresa Boriski STATE OF TEXAS § § COUNTY OF 62,041 § BEFORE ME, the undersigned authority, on this day personally appeared ,2ye4,tC 8. &at-et ► _ �l-0tar/ Fi , known to me to be the person whose name is L.�� scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this iia" - day of AZ-(15 )-nie/L-) ► 1984. ' t C.) .•• N t y Public in and fo `' r zos County, Texas • v My commission expires: 4-S-626 Printed Name : Janis Schwartz Clr n ': 1 1 y f' . EXHIBIT A In the event said utility line and appur- tenances are purchased in accordance with the terms of the agreement to which this schedule is attached the purchase shall be , in any given year as follows: Purchase Price Formula 1 . During the First Year 100% of actual cost of installation 2 . During the Second Year 90% of actual cost of installation 3 . During the Third Year 80% of actual cost of installation 4 . During the Fourth Year 70% of actual cost of installation 5 . During the Fifth Year 60% of actual cost of installation 6 . During the Sixth Year 50% of actual cost of installation 7 . During the Seventh Year 40% of actual cost of installation 8 . During the Eighth Year 30% of actual cost of installation 9 . During the Ninth Year 20% of actual cost of installation 10 . During the Tenth Year 10% of actual cost of installation p� ; rl • s