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1985V829P500 %a' f UTILITY EASEMENT 125 OCT -I PM Z2 ( Specific Property) P � "4"." CCUNTY CLEAR eRA'ZCsC^ r�ryC7uprHou;,E STATE OF TEXAS ) OR%nrf•IEAAS KNOW ALL MEN BY THESE AES s ,tic,Plly COUNTY OF BRAZOS ) czc- THAT, HENRY KAPCHINSKI , LOUIS KAPCHINSKI , ANNIE KAPCHINSKI FOJTIK, HELEN KAPCHINSKI MATOUS, and CHRISTINE KAPCHINSKI SECHELSKI , 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 perpetual EASEMENT on and through the following described property: Being a strip of land 20 feet wide situ- ated in the Morgan Rector League, Ab- stract No. 46 , Brazos County, Texas , out of a 46 . 33 acre tract of land conveyed to Henry Kapchinski , Louis Kapchinski , Annie Kapchinski Fojtik, Helen Kapchinski Matous , and Christine Kapchinski Sechel- ski by partition deed recorded in Volume 650, Page 518 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 cen- terline 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, in- spect, repair, maintain, reconstruct, modify, and remove the following : Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines , access facilities , and related equipment; Storm sewers and collection facilities ; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures , surface and subsurface; 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 GRANTORS, 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. 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 of GRANTEE upon request. It is expressly understood that the GRANTORS or future Owners of this property reserve the right to use this EASEMENT for all pur- poses which do not interfere with or prevent its use by the GRANTEE. , n 41O VOL CU PA,= - 1 - (e_ 0/7/ 0 , 4 TO HAVE AND TO HOLD the rights and interests herein described un- to the CITY OF COLLEGE STATION , TEXAS, and its successors and as- signs , forever, and GRANTORS do hereby bind themselves , their heirs and assigns, to warrant and forever defend , all and singu- lar, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whom- soever lawfully claiming, or to claim same, or any part thereof . EXECUTED this / day of 60-4-4r4-- , 1985 . __,_1 .� f ti / i ✓ -�• ii JJ `HE RY KAPCHI SKI , 9 1"9.JJ�' , .i'._-- =: %c. LOUIS KAPCHII3KI ,)._ f-- (...:5)-'Z/,' (viz-n- -----' �G ( 4) / i - G:. �.cC lam '^ ` ANNIE KAPCHINSKI FOJTIK HELEN KAPCHINSKI MATOUS .) '/ —, ` c - Ai f 4 CiHRISTINE • �CHINSKI EHELSKI APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHA GED WITHOUT RE-SU IS ION FOR APPROVAL. STATE OF TEXAS * * COUNTY OF BRAZOS * INDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the ZIP' '" 1985 , by HENRY KAPCHINSKI . day of Tltl / ;-:77:.- / My Commission Expires c--- 77-.?7 STATE OF TEXAS * * COUNTY OF BRAZOS * I--------------------- NDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the ,'" 1985 , by LOUIS KAPCHINSKI . day of � itle tio7 T - « _ ?; My Commission Expires : =a3-,/'% - 2 - VOL 8 DRIGr 5()1 STATE OF TEXAS * INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on the /'-L day of �c .��-C•w�- , 1985, by ANNIE KAPCHINSKI FOJTIK. Title tl iti.�� I My Commission Expires : 5- 13-J'9 STATE OF TEXAS * INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on the /l'4 day of CC.-)c. 6c,— , 1985, by HELEN KAPCHINSKI MATOUS. fes_ Titid 4,L, 77 ,0,7 My Commission Expires : S- .3-J'7- STATE OF TEXAS * COUNTY OF BRAZOS * INDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the /i!f day of 1985, by CHRISTINE KAPCHINSKI SECHELSKI . Title My Commission Expires : S .) 3 • Vol 829 PAT._ 502 - 3 - EXHIBIT A UTILITY EASEMENT Henry Kapchinski, Et.Al. Tract Being a strip of land 20 feet wide for a permanent public utility easement situated in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, out of a 46.33 acre tract of land conveyed to Henry Kapchinski, Louis Kapchinski, Annie Kapchinski Fojtik, Helen Kapchinski Matous, and Christine Kapchinski Sechelski by partition deed recorded in Volume 650, Page 518 of the Deed Records of Brazos County, Texas, the centerline of said 20-foot utility easement being more fully described as follows: COMMENCING at a point in the westerly right-of-way line of State Highway No. 6 (East By-Pass), said point being S 1°17'04" E 8.2 feet, more or less, from an existing right-of-way marker, said point also being the common property corner of said Kapchinski tract and a 1.464 acre tract of land conveyed to 011ie B. Townsend and wife Hazel by deed recorded in Volume 298, Page 852 of the Deed Records of Brazos County, Texas; THENCE S 43°38'12" W 14.5 feet, more or less, contiguous with the common property line of said Townsend and Kapchinski tracts to the POINT OF BEGINNING of this easement Description; THENCE S 87°21'35" W 15.5 feet, more or less, to a point for corner; THENCE S 47°07'15" W 282.1 feet, more or less, to a point for corner; THENCE S 11°43'51" W 177.5 feet, more or less, to a point for corner; THENCE S 88°53'24" W parallel and 10 feet north of an existing 100-foot drainage and utility easement conveyed to the City of College Station recorded in Volume 323, Page 381 of the Deed Records of Brazos County, Texas, a distance of 661.1 feet, more or less, to a point for corner, said point also being 10.0 feet, more or less, in a northerly direction from an existing iron pin marking an ease- ment corner of said 100-foot drainage and utility easement; THENCE S 80°07'54" W parallel and 10 feet north of said 100-foot draiange and utility easement a distance of 801.3 feet, more or less, to a point for corner, said point also being 10.1 feet, more or less, in a northerly direction from an existing iron pin marking an easement corner of said 100-foot drainage and utility easement; THENCE S 65°01 '31" W parallel and 10 feet north of said 100-foot drainage and utility easement a distance of 289.1 feet, more or less, to a point, said point being on the common property line of said Henry Kapchinski, Et.Al. tract and a 49.09 acre tract of land conveyed to Hatti Kapchinski by deed recorded in Volume 650, Page 518 of the Deed Records of Brazos County, Texas, said point also being N 24°55'19" W a distance of 9.4 feet, more or less, from an iron pin on the common property line'of said Henry Kapchinski, Et.Al. tract and Hatti Kapchinski tracts, and the end of this 20-foot permanent easement centerline Description. An additional easement for construction purposes is granted until completion of a sanitary sewer project, said construction ease- ment being a 30-foot wide strip of land whose southern boundary is parallel and contiguous with the northern boundary of the above described 20-foot permanent utility easement. • SURVEYED BY: // ,, E.R. McDowA Jr. AI ADS CF Registered Public Surveyor W ••r •• No. 3755 .'L.... ............t* E. R. MCDOW J R. December 1984 3755 G;.�col • VOL 8?Prrr,