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1985V830P5 337184 UTILITY EASEMENT (Specific Property) STATE OFTEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) • THAT, HATTIE KAPCHINSKI , GRANTOR, 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 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 Corpora- tion, 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 49. 09 acre tract of land conveyed to Hattie Kapchinski by partition deed re- corded in Volume 650 , Page 518 , Deed Re- cords 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 athe nd control the growth of trees and other vegetation on and in mightainterferesement eaten ewith or thra or on g Property of GRANTOR, which any public utilit e the operation and maintenance of Y quipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain theert ro P P y of GRANTEE. GRANTOR expressly subordinates 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 request. of 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. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION TEXAS, and its successorsand assigns, forever, and GRANTOR ���� �'� does hereby bind herself , her - 1 - p VOL 83OpAGE 5 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 whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this a day of (C/��_.��;r-- , 1985 . HELEN MATOtJS, Attorney In Fact for HATTIE B. KAPCHINSKI APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMI IO FOR APPROVAL. STATE OF TEXAS * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the c.)" day of for HATTIE B. KAPCHINSKI . 1985, by HELEN MATOUS, Attorney in Fact Tit1- Aro • My Commission xpires : } ; • • • VOL 83O PAGE 6 - 2 - EXHIBIT A UTILITY EASEMENT Hatti Kapchinski 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 49.09 acre tract of land conveyed to Hatti Kapchinski by partition deed recorded in Volume 650, Page 518 of the Deed Records of Brazos County, Texas, the center- line of said 20-foot utility easement being more fully described as follows: COMMENCING at an iron pin on the southern common property line of said Hatti Kapchinski tract, said iron pin also being the most southwesterly property corner of a 46.33 acre tract of land con- veyed to Henry Kapchinski, Et.Al. by deed recorded in Volume 650, Page 518 of the Deed Records of Brazos County, Texas; THENCE N 24°55'19" W contiguous with the common property line of said Hatti Kapchinski and Henry Kapchinski, Et.Al. tracts a distance of 9.4 feet, more or less to the POINT OF BEGINNING of this easement Description; THENCE S 65°01'31" W parallel and 10 feet north of an existing 100-foot drainage and utility easemAn-t, conveyed to the City of College Station recorded in Volume 3234) Page 381 of the Deed Records of Brazos County, Texas, a distance of 685.1 feet, more or less, to a point, said point also being on the common property line of said Hatti Kapchinski tract and a 20.24 acre tract of land conveyed to the City of College Station by deed recorded in Volume 363, Page 32 of the Deed Records of Brazos County, said point also being 1021 feet, more or less, in a southeasterly direction contiguous with said common property line-from an iron pin marking the common property corner of said Hatti Kapchinski tract and a 1.31 acre tract of land conveyed to Henry Kapchinski by deed recorded in Volume 250, Page 219 of the Deed Records of Brazos County, Texas, and the end of this easement centerline Description. An additional easement for construction purposes is granted until completion of a sanitary sewer project, said construction easement 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.• /2 /1/0(L.1- 1- E.R. McDow, Jr. Registered Public Surveyor No. 3755 1 December 1984 • •...•��:..} te. • .s....:.....•......I.... E. R. McObW. .1R. .....................t X55 BYf°l$ttttoA stpk- VOL 8`?O PAGE 7