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1984V734P129 y ' 3 ' 205• .., _ �qy CORRECTION EASEMENT C�T ' ��l 3' 2Z �,,r. -` lb THE STATE OF TEXAS * �, Y �, COUNTY '-OF BRAZOS * KNOW ALL M .Tg, SENTS THAT I , RAYMOND S. LISTER JR. , of Harris County,y, Texas, hereinafter called "Grantor" , for and in consideration of the public necessity and need for the hereinafter mentioned easement have GIVEN, GRANTED, and CONVEYED and by these , presents do hereby GIVE, GRANT, and CONVEY unto the City of College Station, Texas, a home rule municipal P corporation in Brazos County, Texas , hereinafter called "Grantee", a permanent easement (the "Easement" ) to be used for the purposes of the installation, removing, maintaining, servicing and replacing of underground electrical lines and related equipment, in, under, along across that certain tract or and parcel of land described in Exhibit "A" attached hereto and made a part hereof for all purposes and as depicted on drawing attached hereto and made a part he Exhibit "B" . reof as Grantor hereby makes this grant and Grantee accepts same subject to the following terms, reservations, conditions, covenants, limitations and exceptions, to-wit: (1 ) Grantee .shall. not have any rights 5 whatsoever with respect to any premises of Grantor outside the boundaries of the Easement; (2) Grantee shall not construct, build, install, maintain or have or permit any abbve ground structures, facilities, apparatus, lines, equipment or appurtenances to any thereof, of any kind or character, on or within the boundaries of the Easement; (3) Grantee agrees that all times during its construction on the Easement, Grantee shall conduct such construction so that Grantor may at all times have reasonable access to all portions of Grantor ' s land and/or to public lands which may be separated 734 P„r.r_ 29 • by the Easement and Grantee agrees to keep the Easement clean from any debris thereon resulting from or arising out of Grantee ' s acts and operations thereon; (4) During or immediately after any construction, reconstruction, operation, maintenance, repairing or removal operations by Grantee on the Easement, Grantee will smooth, level, fill and compact to at least ninety-five (95% ) percent of the original density of the sub-surface of the Easement, to cause the Easement to be restored as nearly as feasible to their original surface and sub-surface condition, and to smooth the Easement to such a degree that it may be easily mowed and/or if there are improvements on the Easement, to restore the improvements thereon to their original condition; (5) Grantor reserves to Grantor, Grantor' s heirs, successors and/or assigns, the right and privilege to construct, place, lay, maintain, inspect, protect, operate, repair, alter, substitute, replace and remove fences, ditches, drainage facilities, sidewalks and parking lots constructed of any material and utility lines on, over, under through and across the Easement provided such improvements shall not be built or constructed in such a manner so as to damage any of the facilities of Grantee then properly located on the Easement, and additionally provided that such uses are only permitted if they do not create an unreasonable risk of hazard by virtue of the nature of Grantee ' s underground high voltage installation. In the event any such improvements are so placed on the Easement by Grantor and all of any portion of such improvements are at any time thereafter damaged, injured or destroyed in any manner whatsoever by VOL "134PAGE130 Grantee, Grantee agrees, at Grantee ' s expense and cost, to repair or replace said improvements promptly to as to good or better condition as same were in immediately prior to any such damage, injury or destruction; (6) Grantee indemnifies and agrees to hold Grantor harmless of and from any and all claims, demands, costs, expenses ( including court costs and attorney' s fees) , damages, losses or suits for damages arising from injury to persons (including death) , or loss of or damage to any property or improvements incident thereto, proximately caused by the use and occupancy by Grantee, its employees or any other person acting under its direction, on the Easement; (7 ) This grant is subject to all and singular the terms, provisions and conditions of any easements, restrictions, reservations or other matters affecting title to the Easement; (8) Should Grantee abandon or discontinue use of the easement area for the purposes herein granted, Grantor may at any time thereafter give written notice to Grantee providing for termination of the easement herein granted upon the expiration of thirty (30) days from the date of receipt of such notice. In the event that Grantee does not within said thirty (30) day period undertake to reinstitute or continue use of the easement area for the purposes herein granted, this Easement shall terminate and shall become of no force and effect, without further action on the part of Grantor or Grantee; and, (9) In addition to the rights reserved by Grantor, Grantor shall also have the right to use and enjoy the Easement for any purpose whatsoever which does VilL734PAGE131 not unreasonably interfere with the use thereof by Grantee for the purposes for which the Easement is granted, including specifically the right to landscape the easement area, except that Grantor will not plant trees on the Easement. TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anywise belonging, unto said Grantee, its successors and assigns forever and Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. THIS IS A CORRECTION EASEMENT, and is given for the purpose of revising that one certain document styled EASEMENT, executed the 6th day of July, 1983, but which was never recorded. EXECUTED this q day of 19R14,. APPROVED: RAYMOND$ . LISTER!1R. CITY ! COLLEGE yTION BY: • _:14I/,r�� wor- THE STATE OF TEXAS * COUNTY OF HARRIS * This instrument was acknoWLedged before 19 f( , byRAYMOND S. LISTER, JR. —=-f—%— me on Notary Public in a Si for My Commission Expires : The State of Texas • .Y ,. \i 734P«GE132 The easement herein granted is 5' by 100' out of the northernmost corner of the below described 15.027 acre tract and as said easement is depicted in red in Exhibit "B", attached hereto and made a part hereof for all purposes. Field notes of a 15.027 acres tract or parcel of land lying and being situated in the Morgan Rector League, College Station, Brazos County, Texas, and being a part of that tract of land conveyed to Brazos Commonwealth No. 1, Limited, by Leon W. Stasney and wife, Grace Brown Stasney, in deed dated July 16, 1971, and recorded in Volume 206, Page 133 of the Deed Records of Brazos County, Texas, and being the same tract or • parcel of land described in the Deed recorded in Volume 366, Page 501, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the southeast right-of-way line of State Highway No. 30 and the southwest right-of-way line of State Highway No. 6 (East By-Pass); THENCE, S. 45° 43' 12" ,W. for a distance of 1678.16 feet along the southeasterly right-of-way of State Highway No. 30 to an iron rod marking the west corner of the Post Oak Mall, said iron rod also marking the PLACE OF BEGINNING and the north corner of the tract described herein; THENCE, S. 44° 24' 03" E. along the southwest line of the beforementioned Post Oak Mall for a distance of 755.78 feet to an iron rod found for corner; THENCE, S. 46° 06' 24" W. for a distance of 868.62 feet to an iron rod found for corner; . THENCE, N. 44° 32' 13" W. along the northeasterly side of Lots 2 and 1, Block 2 of WOOD STOCK, PHASE I GARDENA APARTMENTS, for a distance of 749.93 feet to an iron rod found for corner, said iron rod marking the north corner of Lot 1, Block 2, WOODSTOCK, PHASE I, said corner also marking a point on the southeasterly right-of-way line of the • beforementioned State Highway 30; THENCE, N. 45° 43' 12" E. along the southeasterly line of the beforementioned State Highway No. 30 for a distance of 870.37 feet to the PLACE OF BEGINNING, containing 15.027 acres of land, MORE OR LESS. EX:i!3'7 A PAGE_L. OP .Jr. PAGES `734 PAGE 133 .3 • .:r Y AT H l - cW� .-r so 15E �pE ,�''p < c• i •= ;� //X , othry rEjR GI T`r 4 -- a', rR 3 i.lI ; -I o', ..,.,,, /. g ,,,,,, , -, A N r� � ,�: A � I i 5 20 1 /,I / ' 4t / u 3 Croot. L-1 N a •All ,-mfe. LINE \ \\ .6,46 x2 Si• '.=Nit)VILOING :..\ \ \• i r 1 I`a 11........S _ . 11 C . 2 'AG1J OF.,L PAGES 734 Pt%c4 x.34