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1985V856P408 A• {' 4/ ELECTRIC POWER LINE EASEMENT THE STAT OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS S THAT, EXXON PIPELINE COMPANY, a Delaware corporation, hereinafter referred to as "Grantor, " for and in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, has, and by these presents does grant unto the CITY OF COLLEGE STATION, TEXAS , a municipal corporation, hereinafter referred to as "Grantee," its suc- cessors and assigns, a right of way and easement for the location, construction, operation, maintenance, replacement, renewal , and extension of a line or lines to be used for the transmission and/or distribution of electrical power, said line or lines consisting of wires and poles over, across, and upon the following described tracts of land situated in Brazos County, Texas: A tract of land containing 5 .005 acres situated in the Thomas Caruthers Survey, A-9, Brazos County, Texas, and being the same tract of land conveyed from Dymple Carll Creager to Exxon Pipeline Company by Warranty Deed dated April 10 , 1978 , recorded in Volume 394 , Page 298 , Deed Records of Brazos County, Texas. The location of said right of way and easement is described on Exhibit "A" and Exhibit "B" attached hereto and made a part hereof. The easement herein granted shall be twenty feet (20 ') in width, together with rights of ingress and egress to or from said right of way for the purpose of constructing, inspecting, repairing, maintaining, and removing said lines. Grantor reserves the right to construct pipelines and related facilities along, under, or across the easements granted herein at any location and in any manner which will not unreasonably interfere with the rights herein granted. If, at some subsequent time or times, any use which Grantor intends to make of the right of way covered hereby, is inconsistent with or would be in conflict with the existence of Grantee's facilities where located or as installed, Grantee shall, upon sixty days ' written notice from Grantor , raise or otherwise adjust Grantee 's facilities to eliminate said interference. 2 / I . Tag A Grantee agrees to release, indemnify, and hold Grantor harmless from and against each and every claim, demand , or cause of action for damage to property or injury to or death of persons which is caused by, results from, or grows out of the exercise by Grantee, its successors, assigns, employees, contractors, agents, invitees, or licensees of the rights herein granted, save and except only such damage , injury, or death as is caused by the negligence or willful misconduct of Grantor. Where personal injury, death, or loss of or damage to property is the result of joint negligence or willful misconduct of Grantor and Grantee, Grantee ' s duty of indemnification shall be in proportion to its allocable share of such joint negligence or willful misconduct. In addition to the above consideration, Grantee agrees to repair or to pay for actual damage which may be done to fences, buildings, roads, pipelines, or other facilities caused by Grantee 's exercise of any rights herein granted. This easement is not a conveyance of the land described herein or of the minerals therein and thereunder, but grants only the rights as provided above and is expressly subject to all applicable, valid and existing laws, ordinances, regulations, easements, restrictions, rights of way, conditions, exceptions,p reservations, and covenants of whatsoever nature either of record or evidenced by improvements on the ground within said rights of way and easements. The rights granted herein shall not be assigned by Grantee without the express written consent of Grantor. This grant is made without warranty of title, either expressed or implied. WITNESS MY HAND thisC /- day of __..('! .,2„) EXXON PIPELINE COMPANY B y Form Approved Conle _ ton By LA/... _ V�•e Presiders Operations ' e CITY OF COLLEGE STATION By / I / �.v / / Title 717. A :A_t THE STATE OF TEXAS S COUNTY OF HARRIS S his instrument was acknowledged before me on 198onle , b���tlTrtrr��;, Y Stone, Vice President-Operations of Exxon Pipeline Companx�� pplawk�#, corporation, on behalf of said corporation. ,e..> //. d �'•�������� • NotAry Public /''�i/,F�rJ••'• •..c \`�� EVELYN SHIPP Notary Public in and for the THE STATE OF TEXAS § State of Texas My Commission Expires //' /- - f COUNTY OF 23,PAZ&S S This instrument was acknowledged before me on 6;7013492 3 1985, by , .. /t : , ,2x L of / / as G' >y /79�iV,4GEit. CALL E' o�/• illyNotary Public J/9/17is r -� My commission expires dL . . 4//D rt EXHIBIT "A" Being astrip of land in the Thomas Caruthers League in Brazos County, Texas, twenty feet (20') in width through that 5.005-acre tract conveyed to Exxon Pipeline Company by deed recorded in Volume 394, Page 298, of the Deed Records of Brazos County, Texas, and lying ten feet (10 ' ) each side of the following described centerline: Beginning in the northwest line of the said Exxon Pipeline Company tract, at a point located N 42° 07 ' 46" E - 29. 6 feet from the most westerly corner of the said Exxon Pipeline Company tract. Thence S 39° 35' 08" E - 43.5 feet, parallel to and 55' from the center- line of the existing Gulf States Utilities Company power line, to the end of this easement in the southeast line of the said Exxon Pipeline Company tract, at a point located S 76° 23' 03" E - 48.9 feet from the most westerly corner of the said Exxon Pipeline Company 5. 005-acre tract, in the northeast line of Rock Prairie Road. • Y407Z• . 15- 4/7/ .i • ,' . I Co o I r' w m to C.) m ` d > , n At �1 • m m co 1-- ctd c 2 • Am o ids. T litv 0 E r PI o d+ G, o z I so . . � c V.., m z F IV Ci) co 0 ptp (le0 AA. Iiii r�i 'z c • m n ICI) 0 p w m ro m pICIT mCr! C p C 71r1, O t- i7- z i '52 m y 031 9i o � rn ti Cl)'CII mC 'P0 cn --I• •of m Q i .c.)� N p • r m F8*:z o I : 7m. a F.. 1 r mom G i .Ls�"L LJ G