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1985V777P424 1 P,� 1 1 i1 2: IlJ EASEMENT :U.! cY !I _I. ..Ve .;Te. this 74d �-1 day of � ) til �v7 , 19�5 . between F. "BERT" WHEELER (hereinafter called "GRANTOR" )OR ) and the CITY OF COLLEGE STATION , a Texas Municipal Corporation, Brazos County, Texas (hereinafter called "GRANTEE" ) ; WITNESSET H : That for and in consideration of the sum of TEN and NO/100 DOLLARS ( $10 .00 ) to him paid , the receipt whereof is here- by acknowledged, the GRANTOR hereby GIVES and DONATES the proper- ty hereinafter described to the GRANTEE, as a charitable contri- bution, which contribution is made in lieu of condemnation, a perpetual easement for public utilities and a street, and the GRANTEE shall have the right to construct, use , operate, inspect, repair , maintain, reconstruct , modify, and maintain such a street, and further may construct, operate , and maintain electric transmission and distribution lines, sanitary sewer lines, con- necting lines, access facilities , storm sewers , collection facilities, television, telephone and communications lines on, over, across , and under that portion of GRANTOR' S property described as follows : All that certain 1 . 007 acre tract or parcel of land lying and being situated in the Richard Carter Survey, Abstract 8, College Station, Texas, and being tract as described by deed from F auline P tzaSims13 •,7 27 et vacr ire to F. W. "Bert" Wheeler, recorded in Volume 444 , Page 800 , of the Deed Records of Brazos Count acre tract being more particularlyY. Texas . Said 1 .007 described by metes and bounds as follows : BEGINNING at a 5/8 inch iron rod found marking the south corner of said 13.727 acre tract, said iron rod also marking the east corner of a 7. 39 acre tract as described by deed recorded in Volume 583, Page 298, of the Deed Records of Brazos County, Texas ; THENCE N 48°59 '39" W along a common line of said 13.727 acre tract and said 7. 39 acre tract for a distance of 23 . 80 feet to a 5/8 inch iron rodset for corner; THENCE through said 13 . 727 acre tract for the following calls : N 41°54 ' 56" E for a distance of 114 . 45 inch iron rod set for the beginning of a feet curveo to the left being concave to the northwest and having a radius of 656.00 feet; Northeasterly along said curve for an arc length of 721 . 28 feet to a 5/8 inch iron rod marking the end of this curve, the chord bears N 10° 48' 36" E for a dis- tance of 677.80 feet; VOL 1'77 PAr,E 424 - 1 - '. • • N 20°17 '45" W for a distance of 17. 37 feet to a 5/8 inch iron rod set for the beginning of a curve to the left being concave to the southwest and having a radius of 25. 00 feet ; Northwesterly along said curve for an arc length of 39. 28 feet to a 5/8 inch iron rod set in the southeast right-of-way line of University Drive ( FM 60 ) , the chord bears N 65°18' 20" W for a distance of 35. 36 feet; THENCE N 69°41 ' 14" E along the southeast right-of-way line of University Drive ( FM 60 ) , for a distance of 110.00 feet to a 5/8 inch iron rod set for the beginning of a curve being concave to the southeast and having a radius of 25. 00 feet; THENCE through said 13. 727 acre tract for the following calls: Southwesterly along said curve for an arc length of 39. 27 feet to a 5/8 inch iron rod set for the end of this curve , the chord bears S 24°41 ' 40" W for a distance of 35. 35 feet; S 20° 17' 45" E for a distance of 17. 41 feet to a 5/8 inch iron rod set for the beginning of a curve to the right being concave to the northwest and having a radius of 716.00 feet; Southwesterly along said curve for an arc length of 514.74 feet to a 5/8 inch iron rod set for the end of curve, the chord bears S 00°17' 58" W for a distance of 503. 73 feet; S 44° 04 ' 40" E for a distance of 5. 71 feet to a 5/8 inch iron rod set for a southwest corner of said 13.727 acre tract. THENCE S 41°01 '34" W along a southeast line of said 13. 727 acre tract for a distance of 370. 55 feet to the PLACE OF BEGINNING and containing 1 .007 acres ( 43, 879 square feet) of land more or less. 1 . GRANTOR grants to GRANTEE the right of ingress and egress over GRANTOR' S adjacent lands to or from said easement for the purpose of inspecting, maintaining, constructing, reconstruc- ting , repairing , operating and/or removing said public utility systems and/or public street and any or all fixtures and appurte- nances thereto, including guy lines and anchors; the right to cut or trim trees and other foliage, roots , brush and other obstruc- tions within or along the easement, to the extent, in the sole reasonable judgment of GRANTEE, as may be necessary to prevent possible interference with the operation of said facilities and/ or equipment or to remove possible hazards thereto. 2 . GRANTOR further convenants and agrees that no part of improvements constructed, erected or placed on said land by GRANTEE shall be or become or be considered as being to affixed to 2 VA 777PAGr 425 • or a part of said property and that all improvements of every kind and nature constructed , erected or placed on said land or any part thereof by GRANTEE or its licensee , shall remain the property of the GRANTEE. 3. GRANTEE shall repair any damage to and/or restore the GRANTOR' S property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement . 4. GRANTOR expressly subordinates all rights of sur- face use incident to • the mineral estate to the above described uses of said surface by GRANTEE, and agrees to sublender' s sub- ordinations on behalf of GRANTEE upon request. F. W., Rut= Ne.NH cLce, ay • . :, ` h r4cT F . W. "BERT" WHEELER APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS INDIVIDUAL ACKNOWLEDGMENT COUNTY OF 44/4/17,&a- This instrument was on the acknowledged before me gday of , 1985 by F. W. "BERT" WHELLE R. j Title : ,` --- n \ My Commission Expires : KATHY HERMANN ••> .• 4 Notary Public,ftbbibf ........ . . Ny ComNt n Exp I1771lllllllt.. ' . r(1L 777Pnr:r426 - 3 -