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1987V945P388 v__,., t ry ,inn' UTILITY EASEMENT (Specific Property) STATE OF TEXAS ) 379208 KNOW ALL MEN BY, THE5 PRESENTS :ESENS : COUNTY OF BRAZOS ) THAT, BERT WHEELER'S , INC. , a Texas corporation, GRANTOR, 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 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 perpetual EASEMENT on and through the following described property: Being a strip of land in the Robert Stevenson League in Brazos County, Texas, twenty-five ( 25 ' ) feet in width through that 71 . 52 acre tract and that 10. 01 acre tract conveyed to Bert Wheeler' s, Inc. , by deed recorded in Volume 571 , Page 601 and Volume 487, Page 215 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall herein specified only as to that grant ehe rights Portion of th property moreparticularly e above described centerline on heattached Exhibit "A by course, width and Ea Area" , and any additional area outside� theown easementaseareasement necessary to install and attach equipment necessary and incident to the uses of the�EasementguyeAred. anchors To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, lines, access facilities, and relatedonnecting equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and the easement area or on adjoining property of GRANTOR, in might interfere with or threaten the operation and maintenan e of any public utility equipment, accessories ncs understood and agreed that any and all equipmenteandlfaciliti is placed upon said property shall remain the es property GRANTOR expressly subordinates all rights ofsurfy of GRANTEE. to the mineral estate to the above described uses a ce of suse aid su incidentac by GRANTEE, and agrees to lender' s subordinations on behalfoface of GRANTEE upon request. It is expressly understood that the GRANTOR or future Owners this property reserve the right to use this EASEMENT for purposes which do not interfere with or of all GRANTEE. prevent its use by the( ��s oC,, vo45 r X88 - 1 - � ��� 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 itself, its successors 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 16thda of Y January , 1987 . BERT WHEELER'S, INC. I) BY: Ronald A. Cowe/Presid nt APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SU M SaFOR APPROVAL. STATE OF TEXAS COUNTY OF BRAZOS CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the 16th day of January , 19 87 , by Ronald A. Cowe President , as of BERT WHEELER'S, INC. , on behalf of said corporation. Notar Public in for the S ate of :=7„.4m7.635401:: Printed Name: tale 4• My Comm. ExP• flimas„ y - 2 VOL- 915PASE 389 1 , 4. JOE ORR, INC. Surveyors & Engineers Office Phone 693-3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 25 FOOT EASEMENT BERT WHEELER'S, INC. TRACT ROBERT STEVENSON LEAGUE BRAZOS COUNTY, TEXAS 9 APRIL 1985 Being a strip of land in the Robert Stevenson League in Brazos County, Texas, twenty five (25 ' ) feet in width through that 71.52 acre tract and that 10.01 acre tract conveyed to Bert Wheelers, recorded in Volume 571, Page 601 and Volume 487, age, 215Iof• tby deeds he Deed Records of Brazos County, Texas, and lying twelve and one-half feet each side of the following described centerline: (12.5 ' ) Beginning in the northwest line of the said Bert Wheeler's, Inc. 71. acre tract, at a point located N 40 degrees 51 35 52 from the most westerly corner of the said 71.52 acre tract. 155.7 feet Thence S 21 degrees 49 ' 23 " Wheeler's, Inc. 71.52 acre tract to an•aIuJ feetthrough the said Bert point; Thence S 32 degrees 13 ' 30" E - 1033 .6 feet continuing through said Bert Wheeler' s, Inc. g the Wheeler's, Inc. 10.01 acre tract to anacrean tract t to the said Bert Thence S 34 degrees 27 ' 55" g point; 10.01 acre tract to an angleE 282'8 feet continuing through e said , point; g ;pie Thence S 27 degrees 44' 10.01 acre tract 02" E 192.0 feet continuing through the said to an angle pointe Thence S 36 degrees 45' 46" E 10.01 acre tract to an an le 382.3 feet continuin g point; 4 through the said in Thence southeast e S 42 degrees eee27 ' 56" E - 103.3 feet to the end of this easement tract which is the line ofstheine d Bert Wheeler' s, Dolphin Club, that 2. 76 Inc. 10.01 acre BluethDeed Records oInc. by County, in acreou tract conveyed to degrees 43 ' Volume 443, Page 804 41 degrees t right-of-way E - 138 . 9 feet from at a point located N e ght-of_wa from an iron pipe found north a the shtd f-wa lineacre tract and Highwayin the the said 2. 76 acre tract.at °mmon AO 2: 7i...2. ...NA�,ID R. PlAY0 CC Exhibit .Q: 147 VOL 45mr:39U +A�� �.,,,� r 5 a•.;e- �� •° art�� y0 CsuR� ji iiii f�: