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1986V912P132 Jr ` �� xP -3 r: 2: 21 SANITARY SEWER EASEMENT _ .,' ." , . (Specific Property) STATE OF TEXAS § \l § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS § THAT, LICK CREEK, LTD. , a Texas limited partnership, GRANTOR, for and in consideration of the payment of TEN and NO/100 DOLLARS, cash, and other good and valuable considera- tion, 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, a perpetual (except as expressly limited herein) EASEMENT (the "Sanitary Sewer Easement") on and through the following described property: Being a 20 ' wide strip of land (the "Easement Area") lying and being situated in the Robert Stevenson Survey, Abstract No. 54 , College Station, Texas, and being part of the 35. 854 acre tract described in the deed from Bob J. Griffin and wife, Patricia Griffin, to Lick Creek, Ltd. , as recorded in Volume 813 , Page 555 , of the Deed Records of Brazos County, Texas; the centerline of said 20 ' wide strip of land being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes . The purposes of the Sanitary Sewer Easement are to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove sanitary sewer lines, connecting lines, access facilities , and related equipment upon, over, and across the Easement Area; and to cut, trim and control the growth of trees and other vegetation on and in the Easement Area or on adjoining property of Grantor which might interfere with or threaten the operation and maintenance of the sanitary sewer lines and related facilities and equipment located on or in the Easement Area. It is understood and agreed that any and all equipment and facilities placed upon the Easement Area shall remain the property of Grantee. In conjunction with the Sanitary Sewer Easement herein granted, Grantee shall have the temporary right to use for the initial construction and installation of the sanitary sewer lines , connecting lines , access facilities and related equipment each 15 foot strip of land which is contiguous with the most northerly or southerly boundary (as applicable) of the Easement Area, in each case for the full length of the Easement Area on an east to west direction. The aforesaid temporary use rights shall cease and terminate upon the earlier to occur of the final completion of the construction and installation of said sanitary sewer lines and related facilities and equipment across the Easement Area or „ac u-'a .41,021- iH To the extent Grantor owns any part of the oil , gas or other minerals located in, on or under the Easement Area, Grantor expressly subordinates all rights of surface use of the Easement Area which are incident to the drilling or extraction of oil, gas or other minerals to the above described uses which Grantee may conduct with respect to the Sanitary Sewer Easement; provided, Grantor and its C,+) 11,12(%, PAGE VOL 912 132 successors and assigns shall have the right to extract any oil, gas or other minerals from and under the Easement Area by directional drilling or other means, so long as Grantee' s use of said Sanitary Sewer Easement is not disturbed. Grantor hereby expressly reserves title to all oil, gas and other minerals in, on or under the Easement Area. It is expressly understood that the Grantor and future owners of the Easement Area reserve and shall have the right to use the Easement Area for all purposes which do not unreasonably interfere with or prevent its use by the Grantee including, without limitation, the extension of roads or rights-of-way, and utility lines, pipes , mains and conduits over, across and along the Easement Area. This instrument and all rights and uses granted herein shall cease and terminate automatically if Grantor fails to use the Sanitary Sewer Easement for the purposes herein permitted for any 24 consecutive month period; provided, after the commencement of any non-use of the Sanitary Sewer Easement, the running of such 24 month period shall not be deemed interrupted until the Sanitary Sewer Easement is thereafter used for a period in excess of 30 consecutive days . TO HAVE AND TO HOLD the Sanitary Sewer Easement unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the Sanitary Sewer Easement unto the CITY OF COLLEGE STATION, TEXAS , and its successors and assigns , against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through or under Grantor, but not otherwise; provided, the aforesaid Sanitary Sewer Easement is conveyed by Grantor and accepted by Grantee subject to all easements , reservations , liens and other encumbrances of record which do in fact cover or effect the Easement Area. tik EXECUTED this Aday of 1986 . LIC�R �,K LTD. VY\([1 John D. Swope, y Managing Partner Grantee ' s address : orf ��� ✓. '/ c2/;yy 4-77 „/- //ci 7,7-Jie 4S A v . College Station, Texas 774'/0 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. -2- VOL 017rI l-133 . fI STATE OF TEXAS • § COUNTY OF 1,472fl § This instrument was acknowledged before me on the 7/ f\ day of ���� yL , 1986, by John D. Swope as Managing Partner of Lick Creek, Ltd. , a Texas limited partnership. Not y Public in - nd for the State of Texas fMy Commission Expires : `cif SF/1f� , Printed Name of Notary (.0 y SHOWPE1 (4) VOL 912 PAH 1 34 -3- 4 . -'4; / �— aQAFTic.O$Y: ',�I.MES U.S'(O K6.ZC ..-�- 4� / %_ ATE HIGHWAY N4. 6 S2S��--\ ST 1,11—x— • R•O.W LIME ` r'TT / 2 E 1 (/ R.OW.LINE? 1 /• 1 Y 11 ( I ( 11 — Former ACCESS RD►D 2 Q LINK FENCE GRAVEL 1 111 I LIFT SiAT1pN 7041.1N- TO UFT ST/•TION 11 /i I _ 111 —L--° I / II 11 \ \ 20 ESMT. \ I PROPOSED \ j1 INg T� II _ �'r. \I Scale d "20� ROW. LINE SAN.SEWER 1 j '/ `` LIFT STAT ION --— i �__ _ —.....17,1 ► 1 1 • 60054,56„w_g0.00~ _ .. .. \ \ !l S / i CL OF PROPOSED 201 /i ti :. SCALE=�'=100' UTILITY EASEMENT ' \ • / i! ' r 4. lob STOC K --{O` / Ity TANK // /// 'l L------------- - / k /. LICK CREEK fM • TEMPORARY 50'WIDE =``1 •CONSTRUCTION EASEMENT 35.854 ACRES TRACT VOLUME 813 ,PAGE 555 en. .I<` ••.9u, Pr: 1.4' I ...g? ^� '.• PREPARED FEBRUARY,/986 , ........................ • S. M. KLING G���cOOE�o••o% BY /�uG- I ��C•... ..v�y R.P.S. NP.2003 1/ )SUR ' / \ %\ \ .t. \ " 00 ”` � r c \ 73 t N��I2 p�NG , , e co- \c :\lz) iEce Nv eR/N7 ,a3�s6� ROP� pN 1.\_____ \ \ LICK CREEK LTD. PROPOSED 20' PUBLIC UTILITY EASEMENT ACROSS 35.854 ACRES TRACT ROBERT STEVENSON SURVEY,A -54 COLLEGE STATION,BR AZOS COUNTY,TEXAS SCALE: I"= 100' FEBRUARY,1986 VOLQ�/ o �� KLING ENGINEERING AND SURVEYING � '' NV-138 ERYAN,TEXAS i