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1985V820P254 (36 UTILITY EASEMENT C3 27 P ! 2: I I (Specific Property) STATE OF TEXAS { ) COUNTY OF BRAZOS { KNOW ALL MEN BY THESENT,g; THAT, ROBERT CALLAWAY CORPORATION, a Texas Corporation, 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 a part of the 3 .510 acre Remainder of the 15. 649 acre tract of land as described by deed to Callaway & Schlueter, Inc. , and being recorded in Volume 312, Page 212, of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall rights herein specified only as to that nroft the above described property more particularly then by course, width, and centerline on the attached Exhibit "A", known deas tthe "Easement Area", necessarand any additionalsald attach equipment and facilities reasonably install and incident to the uses of the Easement Area. necessary and To erect, construct operate, inspect, repair, install, and thereafter use, and p , maintain, reconstruct, modify, aremove water lines and sanitar connecting lines, access — s andr et lines, equipment upon, over, facilities, related pd pod any and across said property as herein abutting same; andtowcut, streets, roads, or alleys trees and other vegetation oniandm nind ctherEasement Area adjoiningol the growth of onth or property of GRANTOR, which might ore threaten the operation and maintenanceof public utility equipment, accessories, any is understood and agreed that anyor operations. aIt nd facilities placed upon said and all equipment and property of GRANTEE. Property shall remain the GRANTEE shall clean ir andureald remove all trash and and dasshall by paof GRANTEE'S p ce fences and other damage, occasioned any activities in the Easement to substantially the same or better condition as before being damaged by GRANTEE'S activities. shall refill and compact all areas thatareunParthA GRANTEE 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 (b) 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, (3) rights appurtenant hereto, the EASEMENT, and all revert to the GRANTOR. shall cease and terminate and ts utoethers GRANTOR does hereby bind itself, defend, all and singular,assithese rights to rand tinter the CITY OF COLLEGE STATION and forever tesuccs unto and assigns, against ever TEXAS, and its successors claiming, or to claim same, anyeverypersonpart rthereof.erof lawfully EXECUTED this �,�n� day of tcuS -� , 1985. ROBERT CALLAWAY CORPORATION BY: 45 ITS: d� APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL • = STATE, F':TEXAS '• CO�i $TY.%q *,.BE CORPORATE ACKONWLEDMENT finis",abstrument was arknnw1 AaneA v,ef rlre r10 ^1, may, Pd • U� Ce- 1-0e5i kn+" of Texas corporation, on behalf OofRsaid T L orPporationRATION, a <, x%'',C Notary Pudic in and for The State of Texas My Commission Expires: Notary's Name Printed: /7?�f 7 S 1 l E 'AO��� E l;ti 20 Foot Wide Public Utility Easement Callaway & Schlueter, Inc. J. E. Scott League, A-50 College Station, Brazos County, Texas Field notes of a 20 foot wide 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 a part of the 3.510 acre Remainder of the 15.649 acre tract of land as described by deed to Callaway & Schlueter, Inc. , and being recorded in Volume 312, Page 212, of the Deed Records of Brazos County, Texas, said 20 foot wide public utility easement being 10 feet on each side of the following described centerline: BEGINNING at a point in the northeast line of the abovementioned 3.510 acre Remainder tract, same being a northerly west line of a 9.368 acre tract of land, as described by deed to VCS Associates and being recorded in Volume 332, Page 730, of the Deed Records of Brazos County, Texas, said point being located S 32° 25' 47" E 154.98 feet from the north corner of the said 3.510 acre tract and also being approximate Station 51+85.02 of the 10 inch Sanitary Sewer Line Construction Plans prepared by Kling Engineering and Surveying in March, 1985; THENCE N 89° 30' 00" W across the said 3.510 acre tract for a distance of 154.34 feet for the end of this 20 foot wide public utility easement, said point being located N 89° 30' 00" W 10.00 feet from the Proposed Manhole No. 17 at Station 53+29.36 of the beforementioned 10 inch Sanitary Sewer Line Construction Plans. OF TF fromdSurrvey tes RecordsdbyprilOthers 1985 T.DAVID CHINN By: ./`,� ar..2.L, • -0'. 4I38 �+�'�/ G�'erISTER�O � <�•.....:j� T. David Chinn Registered Public Surveyor No. 4138 EXHIBIT "A" Easement No. E-6 voL 820 E257 KLING ENGINEERING AND SURVEYING BRYAN TEXAS