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1985V820P258 UTILITY EASEMENT . "^ (Specific Property) P� , 27 2 ' STATE OF TEXAS COUNTY OF BRA { KNOW ALL MEN BY THESEESS; •n/. ZOS { 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 Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas, and being a part of the 3.8862 acre tract as described in a Quit Claim Deed to Robert Callaway Corporation and being recorded in Volume 761, Page 11, of the Official 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 course, width Particularly described by and centerline on the attached Exhibit "A", known as the "Easement Area" area outside the Easement Area necessary any install and attach equipment and facilities reasonablynecessaryy and incident to the uses of the Easement Area. and To erect, construct, operate, inspect, reconstruct,repair, imaintain,nstall, amodnd thereafter ify, and remove water lines and sanitary lines, connecting lines, access facilities, sewerand related, equipment upon, over, and across said ' y described and any ways, streets, roproperty as herein abutting same; and to cut, trim and controlstheogrowtheof trees and other vegetation on and in the Easement Area or adjoining property of onth or GRANTOR, which might threaten the operation and maintenanceofpublic utility equipment, accessories, or operations. aIt is understood and agreed that an facilities placed upon said I' and all equipment and property of GRANTEE. Property shall remain the 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 ' before being damaged byGRANTEE'S shall refill and compacall areas thatare as connection with GRANTEE any of GRANTEE'S activities d in and shall -1- ' ,,s4/e77Ifsr VOL �® ti iii < P8 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, the EASEMENT, and all rights appurtenant hereto, shall cease and terminate and revert to the GRANTOR. GRANTOR does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and assigns, against every and its successors claiming, or to claim same, rpon whomsoeverhlawfully lid) any part thereof. EXECUTED this day of i, S 1985. ROBERT CALLAWAY CORPORATION BY: i h ITS: APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SU/I -ION FOR APPROVAL \_.- / : 'rA'TE QF 4'EXAS { L CORPORATE ACKONWLEDMENT %COUNTY=p 7 BEXAR• { T�t2^4 `�YteGtrttmAllt wac ar.irnr,vol crl.,.e,A t,�c..,... Vie€ of ROBERT CALLAWAY CORPORATION, a Texas corporation, on behalf of said corporation. //.<-/ /-;;17) :71-', Notary Public' in and for The State of Texas My Commission Expires: Notary' s Name Printed: _Sue - il 1-eA:)5 20 Foot Wide Public Utility Easement Robert Callaway Corporation Tract Crawford Burnett Survey, A-7 College Station, Brazos County, Texas Field notes of a 20 foot strip or parcel of land, lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas , and being a part of the 3.8862 acre tract as described in a Quit Claim Deed to Robert Callaway Corporation and being recorded in Volume 761 , Page 11 , of the Official 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 southeast line of the abovementioned 3.8862 acre tract and being located N 63° 08' 12" E 20. 16 feet from the south corner of same, said south corner also being located in the center of the I & G.N. Railroad abandoned right-of-way and also being located perpendicular ly to approximate Station 4+48.4 of the 10 inch Sanitary Sewer Construction Plans prepared by Kling Engineering & Surveying in March, 1985; THENCE N 19° 39' 00" W parallel with and 20.00 feet from a southwest line of the said 3.8862 acre tract, same being the center of the I & G.N. Railroad abandoned right-of-way, for a distance of 1276.14 feet to the end of this 20 foot wide public utility easement, said point being a middle northwest line of the said 3.8862 acre tract and being a curve concave to the southeast having a radius of 984.93 feet, said curve also being the northwest right-of-way line of Holleman Drive, said ending point also being located by a chord of N 50° 18' 08" E 31 .94 feet from the east corner of Lot 1 , Block 2, of the Revised Final Plat of Woodway West Phase I Addition to the City of College Station, Texas, said Final Plat being recorded in Volume 705, Page 619, of the Deed Records of Brazos County, Texas. • E �F T Field Notes Prepared June, 1985 *: sz �,. •%.;,� from' Record Information • .T:DAVID CHINN.••• k By: auw G•, 9 4138 v• /CgUR\1� T. David Chinn Registered Public Surveyor No. 4138 Easement No. E-2 EXHIBIT "A" VOL 820P„rE261_ KL ING ENGINEERING ANO SUltvl:YIN(; (31 YAN