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1986V863P816 • r ^` ti,r.1 'l 1 `i UTILITY EASEMENT _. (Specific Property) ' r r .rte iii' 'L�. ��n STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS :���J COUNTY OF BRAZOS ) THAT, LAURA M. HOLMES, 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 re- ceipt of which is hereby acknowledged, has GRANTED , SOLD and CON- VEYED and by these presents does GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, cer- tain 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 situated in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, out of a 15.0 acre tract conveyed to Ronald E. Holmes and wife Laura by deed recorded in Volume 617, Page 653 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall herein specified only as to thatgranto the rightsi property more portion of the above described on thepattachedrExhibitrlAed by course, width, and cen- terlinent Area", and any additional area outside nthe easement own as the Earea eneces- sary to install and attach equipment necessary and incident to the uses of the Easement Area; and GRANTOR further conveys: A strip of land 50 feet wide situated in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, out of a 15.0 acre tract conveyed to Ronald E. Holmes and wife Laura by deed recorded in Volume 617, Page 653 of the Deed Records of Brazos County, Texas, for construction purposes, more particularly described in Exhibit "A" attached hereto, until completion of the sanitary sewer line. To erect, construct, install, and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove the fol- lowing: Sanitary sewer lines, connecting lines, access facilities, and related equipment; 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 might interfere with or threaten the operationGandTORmai, which ntenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and faciliti placed upon said property shall remain the e property 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 agree to sublender's subordinations on behalf 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 D�9 21(D GRANTEE. P , RI;(.1t, c ' - 1 - . 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 GRANTOR does hereby bind herself, her heirs, successors and assigns, to warrant and forever defend, all and singular, 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 j,, day of 7/c , 1986 . 7 LAURA M. HOLMES APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SS;ON FOR APPROVAL. n -� STATE OF TEXAS INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the ...?c>'~ day of G'`'9"'% , 19 f' , by LAURA M. HOLMES. NOT RY PUBLIC in and for the STATE OF TEXAS = Printed N ame•• ���%B� Comm. My Exp: - 2 - 41) EXHIBIT "A" UTILITY EASEMENT RONALD E. HOLMES 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 15.0 acre tract conveyed to Ronald E. Holmes and wife Laura by deed recorded in Volume 617, Page 653 of the Deed Records of Brazos County, Texas. The boundary of said 20-foot easement being more fully described as follows: Commencing at a fence corner at the intersection of the northeast right-of-way line of State Highway 6 (East By-Pass) and the southeast right-of-way line of the road to the City of College Station Waste- water Treatment Plant, said corner also being the most westerly corner of said Holmes tract; Thence southeast contiguous with the northeast right-of-way line of State Highway 6 a distance of 443.9 feet, more or less, to the POINT OF BEGINNING of this Description, said point also being the most southwesterly property corner of said Holmes tract; Thence N 2°28' 19" W contiguous with said northeast highway right-of- way line a distance of 20.0 feet to a point; Thence N 86°15'31" E parallel with and 20 feet north of the southerly property line of said Holmes tract a distance of 648.2 feet, more or less, to a point; Thence S 48°50'34" E 357.9 feet, more or less, to a point, said point also being on the centerline of an existing 27-inch sewer; Thence S 42°36'36" W 20.0 feet to a point; Thence N 48°50'34" W 349.2 feet, more or less, to a point, said point also being the common property corner of said Holmes tract and a 4.0 acre tract conveyed to Herbert Cole and wife Golda recorded in Volume 299, Page 129 of the Deed Records of Brazos County, Texas; Thence S 86°15'31" W 640.4 feet, more or less, contiguous with the aforesaid southerly property line of said Holmes tract to the POINT OF BEGINNING and end of this Description containing 0.46 acres of land, more or less. An additional easement for construction purposes is granted until completion of a sanitary sewer project, said construction easement being a strip of land 50-foot wide whose boundary is more fully described as follows: Commencing at the POINT OF BEGINNING of the above described 20-foot utility easement; Thence N 2°28' 19" W contiguous with the aforesaid northeast right-of-way line of State Highway 6 a distance of 50 feet to a point; Thence N 86°15'31" E parallel with and 30 feet north of the northerly boundary of the above described 20-foot utility easement a distance of 645.8 feet, more or less, to a point; Thence S 48°50'34" E parallel with and 20 feet north of the northerly boundary of the above described 20-foot utility easement a distance of 380.9 feet, more or less, to a point, said point also being on the centerline of an existing 27-inch sewer; Thence S 42°36'36" W 50.0 feet to a point; Thence N 48°50'34" W parallel with and 20 feet south of the southerly boundary of the above described 20-foot utility easement a distance of 339.0 feet, more or less, to a point, said point also being on the common property line of said Holmes tract and said Cole tract; -1- 861M:8-1 1- 86P it ;:8-1 a EXHIBIT "A" RONALD E. HOLMES TRACT Thence N 3°39'40" W 14.1 feet, more or less, contiguous with said common property line to a point, said point also being the common property corner of said Holmes and Cole tracts; Thence S 86°15'31" W 640.4 feet, more or less, contiguous with the southerly boundary of the above described 20-foot utility easement to the POINT OF BEGINNING and end of this Description. QFF`� PREPARED BY: �• �:' •,.� • E.R. McDow, Jr. • �� .* Registered Public Surveyor E. R. McDOW, JR. No. 3755 • .% 3755 Az... 94/•Sud` -l�: October, 1984 • -2-