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1986V888P106 • RIGHT OF WAY EASEMENT r !3 JUN -3 PFS 2: 25 STATE OF TEXAS ) 3 5 3 4 9 9 ji.•.. `' U Y IJT'f CLE KNOW ALL MEN BY THESE 'RESENTS : : •; Touusi: COUNTY OF BRAZOS ) =f 1 . That The Texas A & M University System, herein called Grantor , acting by and through its Chancellor , duly authorized by Board Minute Order No . 2g-78 of the Board of Regents , for and in consideration of the mutual benefits to be derived by both parties hereto , hereby grants to The City of College Station, Texas , a municipal corporation, hereinafter called Grantee, its successors and assigns , a right-of-way easement on or across the following described land in Brazos County , Texas, to-wit : All that certain tract or parcel of land lying and being situated in Brazos County, Texas , and out of the Joe E. Scott League, A-50, and Zeno Phillips League A-45, and being more particularly described as three separate parcels as follows: Tract 1 : 74 acres , more or less , out of the Joe E. Scott League, A-50, and being the identical tract conveyed in 1913 by Deed from E. H. Astin, et ux to the State of Texas of record in Volume 42 , Page 684 of the Deed Records of Brazos County , Texas , to which such Deed and its record , reference is hereby made in aid of description; Tract 2 : 191 . 68 acres, more or less , out of the Zeno Phillips League , A-45 , and being the identical tract conveyed on December 1 , 1917 by Deed from J. W. Batts, et ux to the State of Texas of record in Volume 46 , Page 254 of the Deed Records of Brazos County , Texas , to which such Deed and its record , reference is hereby made in aid of description ; Tract 3 : 562 acres , mre orss , out of the Joe E. Scott League , A-50, and being alllthat portion lying generally North-Northwest of the right-of- way now used and known as F & B Road , out of an 838 acre tract conveyed on June 21 , 1871 , by Deed from H. Mitchell to Agricultural and Mechanical College , of record in Book M, Page 142 of the Deed Records of Brazos County , Texas , to which such deed and its record , reference is hereby made in aid of description ; all such tracts being combined into one tract for purposes of this right-of-way easement and referred to as 827. 68 acres, more or less . The centerline description , course and distance of said easement described on Attachments A & B attached hereto and made a hereof. is part 2 . Grantee will place only line on the centerline of said easement single pole electric service . Grantee erect , or install any electric substation, outbuildinay g, additional pole-to-pole electric service or transmission line or otherfacility on the above-described tract unless specifically future agreement with Grantor , ility y provided for by • VOL 888 PAC'106 ?ic /06 rq f s 2Pc()DIto 1; /\ 7W30 • Right-of-Way Easement Page 2 3 . Grantee is hereby granted the right of ingress and egress to and from the property for the purposes of constructing, erecting , maintaining , repairing, replacing, removing and rebuilding said electric service line and such right is not granted for any other purposes. Grantee agrees to occupy the premises only to the extent and for the length of time necessary when constructing , erecting , maintaining , repairing, replacing , and rebuilding or removing said electric service line . 4 . This easement grants a right-of-way across and above the surface of the property only . It does not convey any interest in minerals or appurtenances attached to the land . 5 . It is agreed that if the Grantee, its agents , servants or employees damages or destroys any fences , buildings, or other property on the land (other than structures constructed by the Grantee) Grantee shall within a reasonable time, rebuild and repair the same to the extent that they will be in as good condition as they were before the Grantee, its agents , servants , or employees damaged or destroyed them. 6. The Grantee agrees to pay to the Grantor the amount of actual damage done to land, fences , bridges, buildings, growing crops (including grass) , livestock, trees, and any and all other property (other than property belonging to Grantee) byreason of constructing , erecting , maintaining , repairin rebuilding said electrical transmission line, incudingreplacing damages oor f any and every nature occurring in the course of entering , departing , or by reason of being present on or adjacent to the demised area or any other reason traceable to action agents, or employees ; provided , that damagesfrepairedybyranteeGranteelas described in the preceding paragraph shall not be included . agrees to notify Grantee before or other structure on the easement herein grantedcing any building other 7. Grantor hereby way rantod expressly reserves the right to use the right-of- herein for such uses or purposes as Grantor in its sole discretion may desire and dm cr eis further reserves the right to allow its P Y , contractors, licensees, and any Part of The Texas A & M University System, the Part ' s employees, contractors , and etc. to use the right-of-waplicensees , inconsistent with Grantee ' s rightroordabilitved thyty tosplh use is not operate, plae, repair, maintain, or replace the line uponcthecrishtuct ,of- way. g of- way. It is agreed that all on the premises at Grantee ' s sexpense shall, wire, or hremaer inithent installedpropertyof Grantee. Grantee shall have the right sown property from the premises. g to remove any of its own other e If Grantee removes any poles, wires , or equipment, it shall fix and level as required by Grantor the voL 888 515F/ 07 {( i}' Right-of-Way Easement Page 3 land affected thereby so that the land shall be as nearly as possible in the same condition it was before the Grantee entered thereon. 9 . Pursuant to Section 85. 26 , Paragraph (c) , Texas Education Code , this grant of an easement is limited to a term of not longer than ten ( 10) years and may be renewed thereafter at the election of the Grantor . 10 . The Grantor hereby expressly reserves for its use and for the use of any Part of the Texas A & M University System total access to, across , and along the right-of-way herein granted for its own operations or for those operations of contractors to which it grants contracts , including oil and gas lessees , their agents and assigns , such use to be in common with that of Grantee . EXECUTED this I to day of 1986 V GRANTOR THE TEXAS A & M UNIVERSITY SYSTEM SYSTEM OIL/ )Y6/ Arthur G. Hansen Chancellor GRANTEE THE CITY OF COLLEGE STATION, TEXAS B Y: vOL 888 PASS 108 iJ Right-of-Way Agreement Page 4 State of Texas County of egA205 This instrument was acknowledged before me on Al fly /4l I q84 by .fid2filu,. (o. //,4,vse.,v , Chancellor of The Texas A&M University System, on behalf of said corporation. )/ f , NOTARt 'U/ • • C IN AN. i OR THE • STATE OF TEXAS, COUN Y OF ,(64,e,„9,2,,,5 •\ ; My commission expires : /,g This instrument was acknowledged before me on ,,,,y6 o f Gt� ,c 0-4-41-rnv Ie. 0e-t� as //?urea 1 x 6 i t 4'-zr.t�ii-ry • P / `r, - PUBLIC, N A ice' • STA OF TEXAS , COUNTY �F H /` (, ��PAzoS r -, My commission expires : ` cy,yv VOL 888 racy 109 ii 11 ATTACHMENT "A" 10' Utility Easement B.W.O.C. , Inc. to Serve B.W.O.C. No. 4 (TAI'1U "B" No. 1 ) J. E. Scott Survey, A-50 Brazos County, Texas Field notes of the cetnerline of a 10' foot wide permanent utility ease- ment and a 30' temporary construction easement (being 5' north and 25' south of the centerline of said 10 ' easement) , lying and being situated in the J. E. Scott Survey, Abstract No. 50, Brazos County, Texas , also being across the 74 acre tract described in deed from E. H. Astin, et ux, of Texas, recorded in Volume 42, Page 684, of the Deed Records ofoBrazosthetate County, Texas, and being more particularly described as follows : Commencing at a 6" fence post in the northwest line of the beforemen- tioned 74 acre tract, said 6" fence post also marking the east corner of Lot 1 , Block 2, of the Villawest Section I Subdivision, said subdivision plat recorded in Volume 370, Page 849, of the Deed Records of Brazos County, Texas; THENCE N 41° 14' 21 " E across Finfeather Road, same being the north- west line of said 74 acre tract, for a distance of 75.82 feet to the east line of a 75 foot wide right-of-way easement granted to the County of Brazos from the State of Texas and the Texas A&M University System, recorded in Volume 257, Page 311 , of the Deed Records of Brazos County, Texas ; THENCE S 40° 19' 03" E along the east line of the said 75 foot wide right-of-way easement for a distance of 548.08 feet to the PLACE OF BEGIN- NING; THENCE S 47° 66' 33" W across Finfeather Road, at a distance of 6.66 feet, pass an existing overhead transmission line, continue on, at a distance of 75.8 feet, pass an existing fence marking the west line of the beforemen- tioned 75 foot wide right-of-way easement, continue along a line 5 feet southeast of and parallel with an existing fence marking the south line of the access road to B.W.O.C. No. 4 (TAMU "B" No. 1 ) for a total distance of 277. 73 feet; THENCE S 32° 44' 23" W 5 feet from and parallel with the said existing fence marking the south line of the said access road for a distance of 199'5 feet to the end of this easement at the east line of the chain link f production facilities, the B.W.0.C. No. 4 (TAMU "B" No. 1 ) bears fenced S 03° 49' 24" W 206. 74 feet. . ... ms ; Surveyed May, 1986 t B. J. KLING %. 680....... ,1) By: r <\\ i , IF. _ Al(// /� SUR B. J. ing .- Registered Public surveyor No. 680 KLING ENGINEERING AND SURVEYING BRYAN, TEXAS Q VOL 888 r ��/_ Q 1 O l i3 I A'1'rl'ACIIMEN'1' "B" O,F.A.,,--TTG }• ••-e: J1.MF�t, u.vT06.:6 \ SCALE: Irr= 100 6,S LL \ o \;, \ ��\` �l�/ 01' \\ O� /A'y. \00 \ �O N 1C)o 4'1' \ l" 0 \ AO S �\ , \ yV •y�0, OG�9� 9S \ 'P \ tiF T y0/ ( y\ ti/ °< 1, I's e4. 'c°�B O� F 1,`VLOs 0G \\ Ay 4 9� fiv. � Ci19), i,01,,, 4. 0 tiro 13, .43 \ 40 13 .0 .13 \ `Z(0v \ ip N\ 1;:..0‘4, \\ \ Ol F \ \ TEXAS A & M 'O (VOL . 42 , PG . 684 ,, �� \ 6.661 o SA o 414-Iir► • es \ \ N i ,"") \ \\ ,z \0 / // 'l,t < I's s G / 6 F o L/'y// a QO ��cr� �`Q POST /� i�OJ� ♦LQ�Q� ys // ��� `;`� o `ca /�♦ t�,t; Cx, C`� �r� bF \''' �1• * '•:?:p•.,t SURVEYED MAY,1986 I. N.i \ B. J. KLIf� ~ I,l � "�'. 680 ` i it NI > GB '����s,��E -1�� B : = KUNG—R.P. N0. 680 I 'o)N1 \ C SUg\I / �t l M I \ oi r B. w. O.C. N0. 4 (T.A.M. U."8" NO.1) y 10' UTILITY EASEMENT (30' TEMPORARY EASEMENT) ��r TO SERVE ,\N� B,W,O,C, No, 4 ,A,M,U, "B" No, 1) 4\a I -7.\_,,,,,, r B,W,O,C,, INC, A,/ J. E. SCOTT SURVEY, A-50 BRAzos COUNTY, TEXAS vol. 888AG. 11_1 888PAGF KLING ENGINEERING AND SURVEYING