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1986V924P702 . r RE. r5Vr ' NOV 0 198n , GT20 T 3: 03 UTILITY EASEMENT • �} (Specific Property) tis t"A 1{,"'�,. '� r� 2 7 s`�ti 374035 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS That, EDWIN W. SCHULTZ , and M. L. CASHION, GRANTORS, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration, in hand paid to GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged , have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Munici- pal Corporation, certain rights and interests in the nature of a perpetual EASEMENT on and through the following described prop- erty: Being a 30-foot wide strip of land to be used as a permanent public utility easement located in the Morgan Rector League, Abstract No. 46 , of the City of College Station, Brazos County, Texas, and being over, under and across a 17 . 83 acre tract of land conveyed to E.W. Schultz and M.L. Cashion by deed recorded in Volume 365 , Page 671 , and Volume 401 , Page 28 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall herein specified only as to that granto the rights property moreparticularly portion of the above described centerline on heattached Exhibit dAby course, width, and ement Area", and any additional area outside �the oeasement wn as earea sneces- sary necessary nandlincidentattach theequipment, f guy wires, and anchors the Easement Area. To erect, construct, install , and thereafter use o inspect, repair, maintain, reconstruct, modify, ' Pr , following: and remove the Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; upon, over, ways, streets,droadsssoraaldleyspabut as herein described and an and control the ting same; and to cut, trim y growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTORS , which might interfere with or threaten the operation and maintenance o any public utility equipment, accessories, or operations. f understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. /e2,//'��� GRANTORS expressly subordinate all rights of surface use incident �� / to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lender' s subordinations on behalf o GRANTEE upon request. f r2 13v� 99A "71 41 _- NJ. v-etpla_ - 1 - It is expressly understood that the GRANTORS 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 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 GRANTORS do hereby bind themselves, their heirs 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 16th day of October 1986 . EDWIN W. SCH LTZ ilkre be • M. L. CASHION APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-S M SION FOR APPROVAL. STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the 16th day of October , 19 86 by EDWIN W. SCHULTZ . • C R , , N0 ary Public in -Cc] for the State of T E X A S rPrinted Name: GLENDA 0. GARON My Comm. Exp. : .7i1NF 6 1 89 STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the 1Szth day of 19 86 , by M. L. CASHION. ... .' • • Notary Public in aid . .� :i the State of T for EXAS s, '`�� Printed Name: GLENDA 0. GARON My Comm. Exp. : JUNE 6 1989 — 2 — VOL '��� r�J� 703 R PUBLIC UTILITY EASEMENT E.W. Schultz & M.L. Cashion RCNiCT 2 7 ��BG Remaining Portion of a 17.83 Acre Tract Being a 30-foot wide strip of land to be used as a permanent public utility easement located in the Morgan Rector League, Abstract No. 46, of the City of College Station, Brazos County, Texas, and being over, under and across that remaining portion of a 17.83 acre tract of land conveyed to E.W. Schultz and M.L. Cashion by deed recorded in Volume 365, Page 671, and Volume 401, Page 28 of Deed Records of Brazos County, Texas, the centerline of said 30-foot strip of land being more particularly described as follows: COMMENCING at a point in the most westerly corner of Lot 4, Block 1, Section I of the Raintree Subdivision of the City of College Station as recorded in Volume 373, Page 461 of the Deed Records of Brazos County, Texas; Thence northeasterly 1,552 feet along the northwestern boundary line of said subdivision and aforesaid tract to a point in the centerline of an existing 18" sanitary sewer line, said point also being in the northwestern boundary line of said tract; Thence N 44° 40' E 9.2 feet along said northwestern boundary line to the POINT OF BEGINNING of this description, said POINT OF BEGINNING also being 642 feet from the most northerly corner of said tract; THENCE N 75° 16' 10" E 347.1 feet along a line 5.0 feet north of and parallel with said existing 18" sanitary sewer line to an angle point; THENCE N 64° 30' 10" E 367 feet along a line 5.0 feet north of and parallel with said existing 18" sanitary sewer line to a point in the northeastern boundary line of said tract, said point being 5.3 feet northwest of the centerline of the existing 18" sanitary sewer line, said point also being southeast 301 feet from the most northern corner of said tract and the end of this Description, and containing 0.49 acres, 21,400 square feet of land, more or less. The conveyance of this 30-foot permanent easement described above to City of College Station, Texas, by E.W. Schultz and M. L. nullify the existing 20-foot permanent easement conveyed to Cashion theoCityll of College Station, Texas, by previous easement recorded in Volume 319, Page 791 of the Deed Records of Brazos County, Texas. September 1986V.k 1. �C I •• E. R. McDOW, JR.... �oG.. 3755 \ VOL c9`' 4{�p,��c 704 Exhibit "A" G . st