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1985V820P250 `.f y ra 9i UTILITY EASEMENT J 2 7 2: 1 1 (Specific Property) . STATE OF TEXAS { KNOW ALL MEN BY THESEE� EN COUNTY OF BRAZOS { '' THAT, VCS ASSOCIATES, a Texas Limited Partnership, GRANTOR, of the County of Bexar, 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 an EASEMENT on and through the following described property: All of that certain 20 foot strip or parcel of land, lying and being situated in the J.E. Scott League, Abstract No. 50, College Station, Brazos County, Texas, and being part of the 9. 368 acres tract of land as described by deed to VCS Associates, a Texas Limited Partnership, and recorded in Volume 332, Page 730, 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", area outside the Easement Area necessary toyinstallioand attach equipment and facilities reasonably 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 water lines and sanitary sewer lines, connecting lines, access facilities, equipment upon, over, and across said rty related property described and any ways, streets as herein r abutting same; and to cut, trim and growthalleys trees and other vegetation on and in the Easement Area or on adjoining property of GRANTOR might with or threaten the operation�andhmaintenance lnofrfany public utility equipment, accessories, or operations. t is understood and agreed that any and all a Id facilities placed upon said property shall remain and the property of GRANTEE. GRANTEE shall clean up and remove all trash and debris and shall repair and replace fences and other damage, occasioned by any of GRANTEE'S activities in the Easement area, to substantially the same or better condition as before being damaged by GRANTEE'S es. GR shall refill and compact all areas that lare luneartheed Tin connection with any of GRANTEE'S activities and shall -1- 62-Or 255 restore the Easement Area to substantially the same grade and smoothness as existed prior to any of GRANTEE'S activities. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and, with respect thereto, 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. The rights and privileges granted herein are non-exclusive and GRANTOR rserves the right for itself, and the right to grant to others, easements to construct, operate, maintain, repair and remove driveways and roads, electric lines, telephone lines, television cable lines and other utilities crossing under, over and along said Easement Area, at any location or locations deemed desirable by GRANTOR and to the extent of such uses and easements do not interfere with and prevent the use by GRANTEE of the hereinabove described Easement Area. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, until the EASEMENT is either (a) declared permanently abandoned by the GRANTEE or until the GRANTEE fails or refuses to use the EASEMENT for the purposes herein stated for more than three years, in either of which events, the EASEMENT, and all rights appurtenant hereto, shall cease and terminate and its revert to the GRANTOR. GRANTOR does hereby bind itself, defenducallsors and and singular, these to warrant and forever the CITY OF COLLEGE STATION, rights and interests unto and assigns, against ever TEXAS, and its successors claiming, y person whomsoever lawfully or to claim same, or any part thereof. EXECUTED this day of ,) z`1r�G�i :__ 1985. VCS ASSOCIATES By Robert Callaway Corporation, General Partner By: ,/ - Its: =Its: Vice President APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBrrfts)SS ON FOR APPROVAL -2- . .- -------_-= _____ __ ,_____ ____,____=____ _ _z___=_,_______ _ =_:________ _____ _____,_____ i__________ 20 Foot Wide Public Utility Easement VCS Associates J. E. Scott League, A-50 STATE OF TEXAS { COUNTY OF BEXAR {CORPORATE ACKNOWLEDGEMENT ;_,ti 1 T .isc`'instrument was �1acknowledged bef9re me o the �� ''c`' .� ���'Vic�Prti,�s de of ROBERT 1985, by �hec'�- ��,C14hC`(-� , CALLAWAY CORPORATION, a Texas ' of said co"icori �ti'on, on behalf ! ,� rpo�ration. ,.. , Notary Public in and for The State of Texas My Commission Expires: Notary's Name Printed: y/��7 c�lnE t-1nc.��r L 15