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1986V909P211 r . a 369334 TEMPORARY CONSTRUCTION EASEMENT (Specific Property) H 2 '"" i...J '' L' J STATE OF TEXAS ) , KNOW ALL MEN:%B1' ,T ESE ',P SENTS COUNTY OF BRAZOS ) THAT, META S. BROWN, GRANTOR, acting herein by and through her agent and Attorney-in-Fact, LORELEI B. BROWN, of the County of Travis, 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 Corporation, certain rights and interests in the nature of a Temporary Construction Easement on and through the following described property: Being 20 ' foot and 50 ' foot temporary construction easements through that certain tract or parcel of land lying and being situated in the Richard Carter League in College Station, Texas, Brazos County, Texas, being a part of Lot 84 in College Hills Wood- lands an addition to the City of College Station, Texas, according to plat of record in Volume 104, Page 3 of the Deed Records of Brazos County, Texas, and a part of that tract conveyed to Sidney 0. Brown by deed recorded in Volume 149 , Page 51 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall hereinspecified only as to that grabt the righbs Portion of property more pthe above-described terline on thea propeescrrty by course, width, and cen- struction Area", which area is necessary for" and "B" �theown relocationas the „ofn the existing sewerline located on said property. It is understood and agreed that any and all equipment and facil- ities placed upon said property shall remain the property of GRANTEE. It is further understood and agreed that the construction ease- ment shall exist for a period of one ( 1 ) year from the date con- struction begins on this project. It is also agreed that the expiration of this construction ease- ment shall not affect the GRANTEE 'S right to utilize the perman- ent easement area located within the temporary construction ease- ment area. GRANTEE agrees that it will not disturb, harm, or dama e perman- ent structures by its use of the easement area. GRANTEE shall shallll have the right to remove fences, however, GRANTEE shall replace any fences so removed. Further, GRANTEE will not disturb unique landscaping such as large trees staked off b ( including four (4 ) trees to be y GRANTOR prior to construction how- ever, )GRANTEE shall have the right to require a GRANTOR to desig- nate said unique landscaping nd gardens;nate. Thatdql P g prior to commencement of construc- will stabilize the creekbedtsubsequent to rechannel e constructiexisting on and and compaction and not concreting, ction by seeding GRANTEE expressly subordinates all rights of surface use inc ' to the mineral estate to the above described uses of said surfaceface by GRANTEE, and agrees to sublender's subordinations on behalf GRANTEE upon request. �r��� ` alf of �� � -1913° - 1 VOL 909 PASF 211 GRANTEE expressly agrees to return the construction easement area to its original condition, or as close thereto as is reasonably possible. It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this Construction 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 successors and assigns, forever, and GRANTOR does hereby bind herself, her sucessors 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 20 day of � ° 1986 . META S. BROWN BY: A, 7 I ./2-.? // LORELEI B. BROWN, Her Agent and Attorney-in-Fact APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the _ day of and Atterne , 1986, by LORELEI B. y-in-Fact on behalf of META S. BROWN. BROWN as Agent NOTARY PUBLIC in and for the State of Texas • Printed Name: My Comm Exp VOL 909 ma-212 - 2 - /11-,_„7„ Proposed 50 ' Easement r 2/ <�< - ' 7 Lot 84 College Hills Woodlands College Station, Texas 24 April 1985 Being an easement through Lot 84 of College Hills Woodlands an addition to the City of College Station, Texas, according to plat of record in Volume 104 , Page 3 of the Deed Records of Brazos County, Texas , and being the same tract conveyed to Sidney 0 . Brown by deed recorded in Volume 149, Page 51 of the Deed Records of Brazos County, Texas, and being more particularly described as follows : Beginning at an iron rod set at the front common corner of Lot 84 and Lot 85 of the said College Hills Woodlands , in the southeast line of Gilchrist Avenue . Thence along the center of a small creek which is the line between Lots 84 and 85 as follows : S 44° 04 ' 38" E - 33 . 46 feet to an angle point; S 9° 37 ' 19" W - 22 . 45 feet to an angle point; S 26 ° 54 ' 31" E - 16 . 84 feet to an angle point; N 76° 51 ' 40" E - 20 . 51 feet to an angle point; N 29 ° 00 ' 30" E - 14. 58 feet to an angle point; N 67 ° 22 ' 13 " E - 22 . 23 feet to the northeast line of this easement; Thence S 51 ° 18 ' 44 " E - 23 . 73 feet along the northeast line of this easement to the center of said creek and the line between Lots 84 and 85; Thence continuing along the center of said creek as follows : S 13° 15 43 " W - 12 . 44 feet to an angle point; S 33 ° 37 33" W - 14. 21 feet to an angle point; S 26 ° 29 ' 35" E - 17 . 37 feet to an angle point ; S 48 ° 49 ' 08" E - 32 . 68 feet to an angle point; S 15 ° 17 ' 41 " E - 15 . 66 feet to an angle N 81 ° 27 ' 06 " E - 58 . 98 feet g point; easement ; to the northeast line of this Thence S 51 ° 18 ' 44 " E - 39 . 58 feet along the northeast line of this easement to the center of said creek and the line between Lots 84 and 85; Thence continuing along the center of said creek as follows : S 29° 07 ' 03" W - 10. 38 feet to an angle le point; S 65° 09 ' 21 " W - 28 . 70 feet to an angle S 12° 14 ' 36" W - 15 . 71 feet to an anle point; N 69 ° 50 ' 52 " E - 7 . 69 feet to g Point; common corner an iron rod found at the rear of Lots 84 and 85; Thence S 41 ° 59 ' 29" W - 6, 59 feet along to the southwest line of this easement; the rear line of Lot 84 Thence N 51 ° 18 ' 44" W - 274. 56 feet along this easement to the southeast line of Gilchrris southwest line of ist Avenue; Thence N 76 ° 13 ' 50 " E Thence N Avenue to the Point 884off e along the southeast n line 1of 7 acres of land more or less. Beginning and containing 0 . 17 � . OF.Itsb ..TF .41, trrt nAu 4 y Exhibit "A" /C...... �J� k'o-�- VOL 90q21 ') i JOE ORR, INC. Surveyors & Engineers Office Phone 693-3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 Proposed Easement Sidney 0. Brown Tract Lot 84 College Hills Woodlands College Station, Texas 23 June 1986 All that certain tract or parcel of land lying and being situated in the Richard Carter League in College Station, Brazos County, Texas, being a part of Lot 84 in College Hills Woodlands addition to the City of College Station, Texas , according to plat of record in Volume 104, Page 3 of the Deed Records of Brazos County, Texas , and a part of that tract conveyed to Sidney 0. Brown by deed recorded in Volume 149, Page 51 of the Deed Records of Brazos County, Texas, and being more particularly described as follows : Beginning in the southeast line of Gilchrist Avenue which is also the northwest line of the said Lot 84, S 76° 13 ' 50" W - 75. 0 feet from an iron rod at the common corner of Lot 84 and Lot 85 of the said College Hills Woodlands . Thence S 76 ° 13 ' 50" W - 50 . 0 feet along the southeast line of Gilchrist Avenue; Thence S 13° 46 ' 10" E - 20.0 feet; Thence N 76° 13 ' 50" E - 50.0 feet; Thence N 13 ° 46 ' 10" W - 20.0 feet to the Point of Be inni containing 1, 000 square feet of land more or less. g n9 and pi rtw Li ot. lek....-:7t.T_ ik ............ t DAVID R. MAYO ......................... ��,� ' •/s T e R °•'-1 �-. Ur�C Sj-- vol.909 PAGE 214 Exhibit "B" f /KO