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1985V766P348 320707 UTILITY EASEMENT FLv j? r:r +; r� (Specific Property) STATE OF TEXAS ) G'C,LLQ *4, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) THAT, RICHARD SMITH, 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 re- ceipt of which is hereby acknowledged, has GRANTED, SOLD and CON- VEYED and by these presents does GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, cer- tain rights and interests in the nature of a perpetual EASEMENT on and through the following described property: Being a strip of land twenty feet (20 ' ) wide for a permanent public utility easement situated in the Richard Carter League, Abstract No. 8, Brazos County, Texas, of a 0 .43 acre tract conveyed to Richard Smith by deed recorded in Volume 328 , Page 78, 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 course, width, and cen- terline on the attached Exhibit own as the " Asary to rea" , and any additional area outside nthe easementEarea eneces- necessarynandlincidentand ttohtheuuses nof e wires, and anchors the Easement Area. To erect, construct, install in- spect, repair, maintain, reconstruct, modify, remove ruse,thereafter operate,and remove the following: Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; upon, over, anrroa drossoalleysas herein described and any wad control the abutting same; and to cut, trim angrowth of trees and other vegetation on and in the easement area or on adjoining property of might interfere with or threaten the operation Gand Tmainte an any public utility equipment, accessories, or operations. naIt sof understood and agreed that any and all equipmenand facilities placed upon saidIt is property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights to the mineral estate to the above described uses aof said ce by GRANTEE, and agrees to sublender' s use incident GRANTEE upon request, subordinations on behalf aof i It s expressly understood It pepet that the GRANTOR or future Owners of y reserve the right to use this purposes which do not interfere EASEMENT for all GRANTEE. with or prevent its use by the TO HAVE AND TO HOLD the rights and interests herein unto the CITY OF COLLEGE STATION, TEXAS, and successorsitsca assigns, forever, and GRANTOR does hereby bind himself, heirs, is successors and assigns, and c , g , to warrant and forever defend, andTATION these rights and interests unto the CITY OF COLLEGE TEXAS, and its successors and assigns, against every - 1 - • person whomsoever lawfully claiming , or to claim same, or any part thereof. EXECUTED this (1., - day of -7/6/ G-Lc/ , 1985 . RICHARD SMITH APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMI S,{/d�N FOR APPROVAL. v STATE OF TEXAS INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the ,2/1 day of 1985, by RICHARD SMITH. Title � _-� ' My Commission Ex•ires: -1010 EXHIBIT "A" RICHARD SMITH TRACT Being a strip of land 20 feet wide for a permanent public utility easement situated in the Richard Carter League, Abstract No. 8, Brazos County, Texas, of a 0.43 acre tract conveyed to Richard Smith by deed recorded in Volume 328, Pagc 78 of the Deed Records of Brazos County, Texas. The centerline of said 20-foot easement being more fully described as follows: Beginning at a point on the southeast right-of-way line for State Highway 30, said point also being on the centerline of an existing 20-foot sewer easement conveyed to the City of College Station by deed recorded in Volume 410, Page 9 of the Deed Records of Brazos County, Texas; Thence. southeast along said centerline of existing easement 38 feet, more or less, to the POINT OF BEGINNING; THENCE N 48°19'40" E 94 feet, more or less, to a point; said point being on the common property line of said Smith tract and a 33.98 acre tract conveyed to H.P. Dansby by deed recorded in Volume 244, Page 581 of the Deed Records of Brazos County, Texas; and the end of this easement; said point also being northwest 10 feet, more or less from the south corner of said Dansby tract. An additional easement for construction purposes is granted for one (1) year from the date hereon, said construction easement being a 50-foot wide strip of land whose southeasterly boundary is coinci- dent with the southeasterly boundary of the aforesaid 20-foot permanent utility easement. SURVEYED BY: e r -i E.R. McDow, Jr. _ • Registered Public Surveyor No. 3755 November, 1983 . VfIL 766 p„ .f `35O