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1984V727P73 • 310 3 0 5 ( " , . Lai 24 LI 2:3 r:; v' GJ UTILITY EASEMENT ( Specific Property) c . '1"-Pld,t STATE OF TEXAS ) - KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) THAT, FEDERATED DEPARTMENT STORES, INC . , a Delaware Corporation , GRANTOR, 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: Being part of Lot 3 in Block 1 , situated in the Morgan Rector League , Abstract 46 , College Station , Brazos County, Texas, as shown on the replat of Lots 3 and 4 , Block 1 , Post Oak Mall , by deed recorded in Volume 529 , Page 17 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 centerline on the attached Exhibit "A" , knoownewn , wtheh and Ea Area" , and any additional area outside the easement areasement necessary to install and attach equipment necessary and incident to the uses of the �EasementguyeAr, and ea . anchors To erect , construct , install , inspect , repair , maintain , reconstruct , modify, opr mov , following : and remove the Water lines and sanitary sewer lines lines, access facilities , � connecting and related equipment; upon , over , and across said property as herein described and any ways, streets, roads, or alleys abutting same ; and and control the growth of trees and other vegetatiionoonand in the easement area or on adjoiningcut, trim might interfere with or threaten the ooperaty ionf GaindTmaintenah any public utility equipment, accessories It sof understood and agreed that any and all equipment facilitiesand lls placed upon said property shall remain the property GRANTOR expressly of GRANTEE . subordinates all rights of surface use incident to the mineral estate to the above described uses of said by GRANTEE, and agrees to sublender' s subordinations on behalf ofrfaof GRANTEE upon request . It is expressly understood that the GRANTOR or future Owners this property reserve the right to use this EASEMENT for all purposes which do of GRANTEE. not interfere with or prevent its use by the 7 7 7 STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming , or to claim same , or any , part thereof . th EXECUTED this Jl Iday of )4(2&,,..xle.A.) , 1984 . FEDERATED DEPARTMENT STORES, INC. B Y: / ;l ( 1 4. J ES B. SELONI'CK Se for Vice President i APPROVED AS TO FORM . THIS DOCUMENT MAY NOT BE CHANt D ITHOUT RE-SUB 'SS 4 FOR APPROVAL. • STATE OF _ * • COUNTY OF �j�� * CORPORATE ACKNOWLEDGMENT This instrument was acknowledged JAMES B. me on the ,i'S"%" :3,,,:,„,.`:,,./(4-5��` day of ' 19 `y� by SELONICK, as Senior Vice President of Federated Department Stores, Inc. � t iile 1/ y v ',e4fc/C My Commission Expires : GARY L. C , 1.y C., ssi,n i . no oxoirat,on �) C` 11_14. ` C;n 1;,J;3 U.i.C, Exhibit "A" FIELD NOTES Proposed Utility Easement 0.011 Acres Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Abstract 46, College Station, Brazos County, Texas , and being part of Lot 3 in Block 1, as shown on the Replat of Lots 3 and 4, Block 1, Post Oak Mall , by deed recorded in Volume 529, Page 17 of the Deed Records of Brazos County, Texas , and being more particularly described by metes and bounds as follows: COMMENCING: at an iron rod found marking the most easterly corner of Lot 4, Block 1 of the said Replat, said iron rod also marking the intersection of the northwest right-of-way line of Sutton Place (com- monly referred to as Holleman Drive) with the southwest right-of-way line of State Highway No. 6, East By-pass ; THENCE: N 30° 42' 32" W along the said southwest right-of-way line for a distance of 312.56 feet to the most easterly corner of an existing 20 foot utility easement for corner; THENCE: S 59° 17' 28" W for a distance of 52.95 feet for corner; THENCE. S 87° 24 ' 43" W for a distance of 273.40 feet for corner; THENCE: S 87° 24' 43" W. .for a distance of 20.00 feet across the exis i utility easement for corner; t nQ THENCE: S 02° 35' 17" E continuing along said utilit distance of 35. 76 feet to the POINT OF BEGINNING; y easement for a THENCE: S 02° 35' 17" E for a distance of 20.00 feet for corner; THENCE: S 87° 24 ' 43" W for ' a distance of 14.39 feet for corner; THENCE: S 02° 35' 17" E for a distance of 20.00 feet for THENCE: S 87° 24 ' 43" W for a distance of 5.00 feet for corner; rner; THENCE: N 02° 35' 17" W for a distance of 40.00 feet for corner; THENCE: N 87° 24 ' 43' E for a distance of 19.39 feet to the BEGINNING and containing 0.011 acres of land, or POINTcoOF a survey made under the supervision of Michael R. cC less ,e, Registered to Public Surveyor No. 2859, in August, 1984. McClure, Registered OF ..l.....1 ., „ ,I Vi\ 727 DA 75 l ;,, a Pi