Loading...
1986V930P797 • ',�'v EASEMENT IJU` NOV 17 P;i 2: 314 STATE OF TEXAS COUNTY OF BRAZOS ) KNOW ALL MEN BY THES: 4 * -� 375257 THAT I, RAYMOND S. LISTER, JR. , of Harris County, Texas, hereinafter called "Grantor" , for and in consideration of the public necessity and need for the hereinafter mentioned easement, have GIVEN, GRANTED , and CONVEYED and by these presents do hereby GIVE , GRANT, and CONVEY unto the CITY OF COLLEGE STATION, TEXAS , a home rule municipal corporation in Brazos County, Texas, here- inafter called "Grantee" a permanent easement ( the "Easement" ) to be used for the purposes of the inspecting, repairing , recon- structing, removing, maintaining, servicing, and replacing of a Fire Sprinkler Vault and related equipment hereinafter referred to as the "facility" in, under, along and across a certain tract or parcel of land described in Exhibit A attached hereto. Grantor hereby makes this grant and Grantee accepts same subject to the following terms, reservations, conditions, cove- nants, limitations and exceptions, to-wit: ( 1 ) Grantee shall not have any rights whatsoever with respect to any premises of Grantor outside the bound- aries of the Easement; (2) Grantee shall not construct, build,. install, maintain or have or permit any above ground structures, facili- ties, apparatus, lines, equipment or appurtenances to any thereof, of any kind or character, on or within the boundaries of the Easement; (3 ) During or immediately after any reconstruction, mainte- nance, repairing or removal operations by Grantee on the Easement, Grantee will smooth, level , fill and compact to at least eighty-five (85%) percent of the original density of the sub-surface condition, and to smooth the Easement to such a degree that it may be - 1 - 104 930r 797 KezApy 32o�'a easily mowed and/or if there are improvements on the Easement, to restore the improvements thereon to their original condition; (4 ) Grantor reserves to Grantor, Grantor' s heirs, succes- sors and/or assigns, the right and privilege to con- struct, place, lay, maintain, inspect, protect, ope- rate, repair, alter, substitute, replace and remove fences, ditches, drainage facilities, sidewalks and parking lots constructed of any material and utility lines on, over, under, through and across the Easement provided such improvements shall not be built or con- structed in such a manner so as to damage, or deny Grantee access to the facility of Grantee then properly located on the Easement, and additionally provided that such uses are only permitted if they do not create an unreasonable risk or hazard. In the event any such improvements are so placed on the Easement by Grantor and all or any portion of such improvements are so placed on the Easement by Grantor and all or any por- tion of such improvements are at any time thereafter damaged , injured or destroyed in any manner whatsoever by Grantee, Grantee agrees, at Grantee' s expense and cost, to repair or replace said improvements promptly to as good or better condition as same were in immedi- ately prior to any such damage, injury or destruction. In the event that Grantor places any structure over the Easement area, that denies Grantee access to the facil- ity, then Grantee will not be responsible for the repair or replacement of any structure. Grantor shall have the responsibility to remove all vehicles and other objects from the Easement area; failure to do so shall be considered a denial of access; (5 ) Grantee indemnifies and agrees to hold Grantor harmless of and from any and all claims, demands, costs, expenses ( including court costs and attorney' s fees) , - 2 - VOL 93OpAG` 798 damages, losses or suits for damages arising from injury to persons ( including death) , or loss of or damage to any property or improvements incident thereto, proximately caused by the use and occupancy by Grantee, its employees or any other person acting under its direction, on the Easement; (6 ) This grant is subject to all and singular the terms, provisions and conditions of any easements, restric- tions, reservations or other matter affecting title to the Easement; (7 ) Should Grantee abandon or discontinue use of the ease- ment area for the purposes herein granted , Grantor may at any time thereafter give written notice to Grantee providing for termination of the easement herein granted upon the expiration of thirty (30 ) days from the date of receipt of such notice. In the event that Grantee does not within said thirty (30 ) day period undertake to reinstitute or continue use of the easement area for the purposes herein granted, this Easement shall terminate and shall become of no force and effect, without further action on the part of Grantor or Grantee; and , (8 ) In addition to the rights reserved by Grantor, Grantor shall also have the right to use and enjoy the Easement for any purpose whatsoever which does not unreasonably interfere with the use thereof by Grantee for the purposes for which the Easement is granted, including specifically the right to landscape the easement area, except that Grantor will not plant trees on the Easement. (9 ) In the event that Grantor denies Grantee access to the easement area for the purpose of repair, replacement, or other service, then Grantee shall have the right to terminate all utility service to the property as authorized by the Code of Ordinances of the City of College Station. - 3 - c VI. 930 PAG(.-799 TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns forever, and Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend the Easement unto Grantee, 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. Executed this /A day of 4 . eM544 ►" , 1986 . / / 1 S I�.-� 'Y 074D S. LI, E '11,7-JR. APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RF.-S BMSIGN FOR APPROVAL. CI Od.-...„ STATE OF TEXAS ) COUNTY OF HARRIS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 1986 , by RAYMOND S. LISTER, JR. NotaryIC P -ii� ‘J61 rn. Pub ipj•.and for `r the S tate J T t!X--AY S •- Printed Name: My Comm. Exp. .e -• :c.--c 4,,\,_ VOL 930PAGE 800 - 4 - - -- 1 POST OAK SQUARE Fifteen (15) Foot Wide Utility Easement Raymond S. Lister, Jr. , 15.027 Acre Tract Morgan Rector Survey, A-46 College Station, Brazos County, Texas s Field notes of a 15 foot wide strip or parcel of land, lying and being situated in the Morgan Rector Survey, Abstract No. 46, College Station, 11:. Brazos County, Texas, and being a part of the called 15.027 acre tract as described by deed to Raymond S. Lister, Jr. , and being recorded in Volume 525, Page 613, of the Deed Records of Brazos County, Texas , said 15fot utility easement being 7. 50 feet on each side of the bed wide I centerline: following described Commencing at the north corner of the abovementioned 15. 027 acre same being the west corner of Post Oak Mall , recorded in Volume 477, Pagect , 147, of the Deed Records of Brazos County, Texas , said point also being located in the southeast right-of-way line of State Highway No. 30 (Harvey Road) ; g THENCE S 47° 35 ' 17" E along the common line between the said 15.027 acre tract and Post Oak Mall for a distance of 641 .0 feet and corner; tance THENCE S 42° 24' 43"the WPLACE across the said 15.027 acre tract for a di - aic bofiCin BEGINNING of this centerline description, s9 point also being located in the southwest line of an existing 20 foot wide utility easement as described in Volume 797, Page THENCE S 42° 24' 9 694; for a isance 42 5 43" W continuing across the said 15.027 acre tract 0 feet for the end of this 15 foot wide utility easement. • P�E .OF T + FieldPrepared `'��•' Are .��, Notes May, 1986 ..,.................,... G�( �FC 3 T E RCC �O� ..,.:7/ a Z�/(„, !C 'SURF- T. David Chinn Registered Public Surveyor No. 4133 Exhibit "A" KLING tNGINEERING AND SURVEYINGBRYAN TEXAS F' r '4. a VO '920°a;F 801 r