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1985V778P131 323` 36 410 .r t' I ,. F3 ir13 -3 r : 2. 09 UTILITY EASEMENT (Specific Property) E. ',' 'Y .:' irlr.U.,E STATE OF TEXAS ) ` ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) THAT, SMITH DAIRY QUEENS, a partnership consisting of Terry O. Smith, Don Alan Smith, Mary Jean Smith, and Omar 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 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 a strip of land in the Thomas Caruthers League in Brazos County, Texas, fifty ( 50 ' ) feet in width through that 15. 2 acre tract conveyed to Smith Dairy Queens by deed recorded in Volume 330, Page 889, 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 centerline on the attached Exhibit "A" , known as the "Easement Area" , and any additional area outside the easement area neces- sary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area. To erect, construct, install , and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to sublender' s subordinations on behalf of GRANTEE upon request. It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. mn HAvP amn To Nn Ln 4-h. ri nh1-c en.; ; n4-n.-n .4-, heNr.,; A.,,--.....41.......4 person whomsoever lawfully claiming , or to claim same, or any part thereof. EXECUTED this day of , 1984 . SMITH DA RY QUEENS BY: i ;i/1 t, Terry 0 Smith BY: Don Alan Smith BY: .ket}u -S-WU:LIL Mary Te Smith BY: L L Omar Smith APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBM IO FOR APPROVAL. STATE OFA, COUNTY OF ) ACKNOWLEDGMENT .rNW1lN y:tp o ^� DJ, olnds..4fltrument was acknowledged before me on the ,.,211,1 dayof S • , 194 , by TERRY O. SMITH as ai�partner in ,'rl ;;DAIRY QUEENS. o ;M .; �• 114- .1 1 e - ./eZ l. "' My Commission Ecpires: y -/f_dc) STATE OF ) COUNTY OF ) ACKNOWLEDGMENT ) This instrument was acknowledged before me on the � , 1986-- , -�.� day of •.S , by DON ALAN SMITH, as a partner in • 'DAIRY QUEENS. ).•':•;,3/4kk, • . Title 1L ' �� My Commission Expir�_ • STATE OF c -� ) ACKNOWLEDGMENT COUNTY OF � r9 ) Uh ' Q► x.."1..y'instrument was acknowledged before me on the e2,2,`(, day of -{40 •ire,:f , , 19.15 , by MARY JEAN SMITH as a partner in ' ipAIRY QUEENS. • a 4 i eZFs,,,;t• Title � tt ' My Commission Expires : q /9-(1) S • ) ACKNOWLEDGMENT COUNTY OF ) This instrument was acknowledged before on the day of , 19 , by OMAR SMITH a- . partner in SMITH DAIRY QUEENS. Title My Commission Expires : . , I k . JOE ORR, INC. Surveyors & Engineers Office Phone 693-3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 50 FOOT EASEMENT SMITH DAIRY QUEENS TRACT THOMAS CARTUHERS LEAGUE BRAZOS COUNTY, TEXAS 17 AUGUST 1984 Being a strip of land in the Thomas Caruthers League in Brazos County, Texas, fifty (50' ) feet in width through that 15.2 acre tract conveyed to Smith Dairy Queens by deed recorded in Volume 330,Deed Records of Brazos County, Texas, and lying twenty-five 825 of thet each side of the following described centerline: y ( 5 ' ) feet Beginning in the northeast line of the said Smith Dairy Queens tract at a point located N 54 degrees 08' 14" W - 1 6 easterly corner of the said Smith Dairy9 • 9 feet from the most Queens tract. Thence S 39 degrees 35 ' 08" E - 203.4 feet, parallel to and the centerline of the existing Gulf States Utilities Company powerer line, to the end of this easement in the southeast line of the Smith DairyP Y Queens tract, at a point located S 51 ' said 51 . 1 feet from the most .easterly corner of the saiddSmithsDair 46"QW s- acre tract. y Queens Id Sl191 EXHIBIT "A" • vclL 778 PAGE-134