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1985V776P134 ii O 3 2 /2.0 5 Tr i. A l Sea •.re� A 1:3 1;,;;; 27 r'.'; 10: UTILITY EASEMENT (Specific Property) STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESEN COUNTY OF BRAZOS ) THAT, AREA PROGRESS CORPORATION, a Texas Corporation, 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 receipt of which is hereby acknowl- edged, 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 de- scribed property: Being two ( 2 ) tracts of land for a 30-foot wide permanent public utility easement situated in the Robert Stevenson League, Abstract No. 54, Brazos County, Texas, out of a 51 .05 acre tract of land conveyed to Area Progress Corporation by deed recorded in Volume 429 , Page 769 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" , known course, he widEh, and a Area" , and any additional area outsidetheeasement area necest sary to install and attach equipment, necessary and incident to the uses of the E sementysArea� anchors To erect, construct, install, and thereafter use, operate in- spect, repair, maintain, reconstruct, modify,Y. and remove the Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related e Storm sewers and collection facilities; gU1Pment; Television, telephone, and communications lines; Drainage ditches , drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said property ways, streets, roads, or alleys abutting hereinam ; described and trimany and control the growth of 9 same; and to cut, and easementooarea trees and other vegetation on and in might or on adjoining property of GRANTOR 9 interfere with or threaten the operationwhich any public utility equipment and maintenance of understood and agreed that an accessories, or operations . It is placed upon said Y and all equipment and facilities property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use to the mineral estate to the above described uses of said by GRANTEE, incident and agrees to sublender's subordinations on behalfof GRANTEE dggt. It is expressly understood that the GRANTOR this property reserve the right to use hi EASE ENT f Owners of i! � e GRAes which do not interfere with or for all 12's GRANTEE. prevent its use b Puhe y the � � f/. ,_ 7� / ( .2� z�c� (It_ 776 PA;E134 �. . TO HAVE AND TO HOLD the rights and interests herein described un- to the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns , forever, and GRANTOR does hereby bind itself , its suc- cessors and assigns, to warrant and forever defend , all and sin- gular, 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 day of44:kJ , 1985. AREA PROGRESS CORPORATION • BY: W. D. FITCH, PRESIDENT APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. 9 STATE OF TEXAS COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged beforeme on the 2. 3 day r\1 • ,,.�� 19 PROGRESS CO TION on , by W. D. FITCH as president of AREA e alf of said corporation . • J Y . / Title h� � ^ r,'��l � 'L'��a,� � �, °. •�. My Commission Expire 7776 0; 135 - 2 - L I EXHIBIT A UTILITY EASEMENT AREA PROGRESS CORPORATION TRACT Being two (2) tracts of land for a 30-foot wide permanent public utility easement situated in the Robert Stevenson League, Abstract No. 54, Brazos County, Texas, out of a 51.05 acre tract of land conveyed to Area Progress Corporation by deed recorded in Volume 429, Page 769 of the Deed Records of Brazos County, Texas, the boundary of said tracts being more fully described as follows: TRACT ONE COMMENCING at an iron pin marking the intersection of the southwest right- of-way line of State Highway No. 6 and the northwest right-of-way line of Graham Road, said iron pin also being the described easterly corner of said Area Progress Corporation tract; THENCE S 40°47'47" W contiguous with the northwest right-of-way line of Graham Road 219.63 feet, pass an iron pin marking a common corner of said Area Progress Corporation tract and a 3.0 acre tract of land conveyed to Jack E. Winslow by deed recorded in Volume 301, Page 287 of the Deed Records of Brazos County, Texas, same 40- being the most easterly corner of said Winslow tract; THENCE S 40°47'47" W contiguous with the northwest right-ofway line ofnGrahamg Road for a TOTAL distance of 656.20 feet to an iron pin marking a common corner of said Area Progress Corporation and Winslow tracts, same being the most southerly corner of said Winslow tract and the POINT OF BEGINNING of this easement Description; THENCE continuing S 40°47'47" W contiguous with the northwest right-of-way line of ,Graham Road a distance of 664.80 feet to an iron pin for corner, said iron pin also marking a common corner of said Area Progress Corporation tract and a 1.0 acre tract of land conveyed to the City of Bryan by deed recorded in Volume 198, Page 514 of the Deed Records of Brazos County, Texas, same being the most easterly corner of said City of Bryan tract; THENCE N 49°12'13" W contiguous with the northeast property line of said City of Bryan tract a distance of 30.0 feet to a point for : orner; THENCE N 40°47'47" E parallel and 30 feet northwest of the northwest right- of-way line of Graham Road a distance of 673.97 feet to a point for corner on the southwest property line of said Jack E. Winslow tract; THENCE S 32°12'28" E contiguous with the southwest property line of said Winslow tract a distance of 31.37 feet to the POINT OF BEGINNING and the end of this Description. TRACT TWO 2, COMMENCING at the POINT OF BEGINNING described in Tract One; THENCE S 40°47'47" W contiguous with the northwest right-of-way line of 4 �,(5 Road 664.80 feet, pass an iron pin marking a common cornerGrasam Area Progress Corporation and City of Bryan tracts, samebeingatheemost easterly corner of said City of Bryan tract; THENCE continuing S 40°47 '47" W contiguous with the northwest right-of-way line of Graham Road for a TOTAT distance of 873.50 feet to an iron pin marking a common corner of said Area Progress Corporation and City of Bryan tracts, same being the most southerly corner of said City of Bryan tract and the POINT OF BEGINNING of this easement Description; -1- ' ('L 776 PAG 136 .t t E,: 1. 11 THENCE continuing S 40°47'47" W contiguous with the northwest right-of-way line of Graham Road a distance of 514.88 feet to an iron pin for corner, said iron pin also marking a common corner of said Area Progress Corpora- tion and a 35 acre tract of land conveyed to the City of College Station by deed recorded in Volume 676, Page 829 of the Deed Records of Brazos County, Texas, same being the most southerly corner of said Area Progress Corporation tract and the most easterly corner of said City of College Station tract; THENCE N 46°42'49" W contiguous with the common property line of said Area Progress Corporation and City of College Station tracts a distance of 30.03 feet to a point for corner; THENCE N 40°47'47" E parallel and 30 feet northwest of the northwest right- of-way line of Graham Road a distance of 513.58 feet to a point for corner on the southwest property line of said City of Bryan tract; THENCE S 49°12'13" E contiguous with the southwest property line of said City of Bryan tract a distance of 30.0 feet to the POINT OF BEGINNING and the end of this Description. An additional easement for construction purposes is granted until completion of a sanitary sewer and waterline project, said construction easement being a strip of land 50 feet wide with the southeast boundary being contiguous with the northwest right-of-way of Graham Road for both Tracts One and Two. SURVEYED BY: P u `, E.R. McDow, Jr. / Registered Public Surveyor No. 3755 OF :* E. R. MCOOW, JR. • 3755 • �OG4•tat• 3TERS'°':63 ‘1C•SU�:j4. March, 1985 ,.---,/ , --, _.."(e / e' e-,/, 1 �� //� (ei ) _ 7` 7 ' / F F2 �e Lam.) u r zfe� a t. iG �d �� !� .Gly' :. ,.//:1 —.c_-_,./ r' 71„,,,,,,), c r 7 r r < �/ A clvim P'' /. ' /-% e /).-•:L.7, ,..:.) 1E) "7-= --ef0( (--:_.?-7, r 7 /9c. 7',- / s) / . '',_r , . -,- , ,,-, 7/: ---'- 'ry' /--I-,(-2) f/ %.-C._ /..GCS ,.'. .r /(f/elf ''.. ' ( .. Cc: , / ) fi. ,:-, , , , , ..4 ,. �� c 6 ,F -) '' ?/.,% *--71 C_, /e C:-/ c:_. / �,,_ 1. V'il. 776 PA 137