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1985V784P428 325109 TEMPORARY CONSTRUCTION EASEMENT "' " (Specific Property) STATE OF TEXAS 1jA j KNOW ALL MEN BY THESE PRE NTS: COUNTY OF BRAZOS ) THAT, FRANK J. MATOUS and wife, HELEN MATOUS, GRANTORS, 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 GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, certain rights and interests in the nature of a Temporary Construction Easement on and through the following described property: Being a 50 foot wide strip of land situated in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, out of a 10.0 acre tract conveyed to Frank J. Matous and wife, Helen by Deed recorded in Volume 261 , Page 629 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 "Construction Area" , which area is necessary to construct, install and attach structures, equipment, necessary and incident to the uses of the guyperwires, and tent ychors easement, said easement more fully described innthe attached Exhibit "B" . It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property y o f It is further understood and agreed that the construction easement shall exist for a period of one ( 1 ) year from the execution of this agreement. It is also agreed that the expiration of this construction easement shall not affect the GRANTEE 'S right to utilize the permanent easement area previously described in the attached Exhibit "B". GRANTORS expressly subordinate 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 f GRANTEE upon re _ quest. f of GRANTORS expressly agree to return the construction easement area to eighty-five (85%) percent of its ori moving brush9ina1 condition b fences. piles, leveling the ground , reseeding, and repairing It is expressly understood that the GRANTORS or future Owners this property reserve the right to use this Construction Easement for all of purposes which do not interfere with or ss by the GRANTEE. prevent its use TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and 'ifIL 714 iA nr,^l 60 — 1 — • assigns, forever, and GRANTORS do hereby bind themselves their heirs and assigns, to warrant and forever defend, all and singular, 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 07f day of 1985. eG /;, FRA '4 WTOUS "E EN MATOUS APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF 7EXq * COUNTY OF ,C3,eg Za * JOINT ACKNOWLEDGMENT This instrument was acknowledged before me on the 22''='d day of 196.5- , by FRANK J. MATOUS and HELEN MATOUS. Title 77# " ! My Commissio Expires r n' r ri CONSTRUCTION EASEMENT FRANK J. MATOUS TRACT An easement for construction purposes is granted until completion of a sanitary sewer project, said construction easement being a strip of land 50-foot wide situated in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, out of a 10.0 acre tract conveyed to Frank J. Matous and wife Helen by deed recorded in Volume 261, Page 629 of the Deed Records of Brazos County, Texas, the western and eastern boundaries of said construction easement being parallel with and 30 feet west and 20 feet east, respectively, of the centerine of an existing 20-foot sanitary sewer easement conveyed to the City of College Station, Texas as recorded in Volume 335, Page 463 of the Deed Records of Brazos County, Texas. NOTE: The field note description shown herein was prepared calls from the warranty deed of the aforementioned tractng andeed doe not represent an on the ground survey. s PREPARED BY; ' y t p;.:• CF•�/�. E.R. Jr. •..., �. McDow, Jr *•• , ••;;� . .••s.• Registered Public Surve """••• yor E. R. M :... No. 3755 c0pW••••, �R • All. 3755 October, 1984 • EXHIBIT A • YriL 781 P;,r'' 430 EXHIBIT B SLED UTILITY EASEMENT A 2. �� O'CIOck M GATE RECORDED /- IS-7'r. COLLEGE STATION, TEXAS 'JAN 2 31975 FR. K BORISKEs�� STATE OF TEXAS X Cofrrk, Br: County, gryTexas COUNTY OF BRAZOS )( n69 " 0 6 B �• h -.4g., ,ePutY I, Frank A. Matous, Jr. for and in consideration of the sum of One ($1.00) Dollar, cash to me in hand, paid by the City of College Station, Texas, and other valuable considerations, receipt of which is acknowledged do hereby give and grant to the City of College Station, Texas, the right to con- struct, re-construct, and perpetually maintain a sanitary sewer upon and across the following described property: Being a strip of land 20 feet wide for a sanitary sewer line easement situated in the Morgan Rector Survey, Abstract 46, Brazos County, Texas, and being part of that 10.0 acre tract of land conveyed to Frank A. Matous, Jr. by Victoria Kapchinski as recorded in Volume 261, Page 629, Brazos County Deed Records, the centerline of said 20 foot easement being more fully described as follows: BEGIN at the east corner of said 10.0 acre tract; Tin a direction a distance of 197.05 feet more or less tothecBEGINNING uPOINT toflthis DESCRIPTION; THENCE S. 54° 22' W. 76.50 feet to a point; THENCE S. 42° 59' W. 126.50 feet to a point in the southwest line of said 10.0 acre tract, said point also being northwesterly a distance of 18.60 feet from the south corner of said 10.0 acre tract and the end of this 20 foot easement. An additional easement for construction purposes is granted for a (1) year from the date hereon, said construction easement beinga 1000ifd foot one strip of land and the centerline of said construction easement follows centerline of said wide of said 20 foot sanitary sewer line easement. - ng the WITNESS my hand this the 4 ___IL___ day of 1970. v0 1..334 or 4 63 oL 78 . 143i VOL 1,s'PAGE ACKNOWLEDGEMENT THE STATE 0 TEXAS X COUNTY OF X BEFORE HE, a otary Pudic i a d for 4Z/ County, Texas, on this day personally appeared known to me to be theperson whose name is sub- scribed to the fore ng instrument, and acknowledged to me that } executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 19,7¢. 6:9 \‘''%e :-''. 4,, "" -' /ezzdaite_..- ' J.:UV C.,4,1;._ _, v Notary •1ic, County, Texas 'O,r '•r STATE OF TEXAS COUNTY OF BRAZOS I I, Frank Boriskie, Clerk of the County Court in and for Brazos County, Te as, do, hereby certify that tris instruma}te•.J )FiI�:D on • the' date. and at the time stamped'hereon and THE STATE 0?' TEXAS RECORDED in the volume:, d page of 't} e 'DEED COUNTY TE 1 Records of said County4pn the date stamped hereon. .% FRANK BORISKIE, County Clerk BEFORE ME, a Notary Public in and fo Brazos County, Texas � appeared • A '�' ) \ ' tonally scribed to the foregoing instrument, By: A�:et /�%lij�%� Deputy ie is Sub- executed the same for the purpose an GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 19_.___., Notary Public, County, Texas • • V[IL 781 PV.�-4 32 •