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1987V952P129 331048 d. r2' FEB %1 r.} ^. [0 UTILITY EASEMENT �'''� i C ; ` `' (Specific Property) ea/1(1 Joe/2/w 7-c, ) STATE OF TEXAS ) I ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS ) That, ROBERT C. PETERSON and wife, EDNA R. PETERSON, 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 valu- able consideration, in hand paid to GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowl- edged , have GRANTED , SOLD and CONVEYED and by these presents do 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: All that certain 0.03 acre ( 1313 square foot) tract, lying and being situated in the Richard Carter League, Abstract No. 8, Brazos County, Texas, and being a portion of Lot , D . A. Smith Subdivision, as shown by plat recorded in Volume 49 , Page 106 , of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centerline on the attached Exhibit "A" , known as the "Easement Area" , and any additional area outside the easement area neces- sary to install and attach equipment, necessary and incident to the uses of the Easement Area. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Sanitary sewer lines, connecting lines, access facilities, and related equipment; 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 in the easement area or on adjoining property of GRANTORS, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. 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 of GRANTEE upon request. 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. r a4,,efti o zt(./ 73 'l *(.1 Q.. �'2,1;.-1- OVL f r' G> ss 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 '' ‘ , day of v_1(1 (' 1 j ' ! , 1987 . `' ' t4: :� 0. } ROBERT C. PETERSON 12'7 � ' % 'of ��. l C _ --1 .' EDNA R. PETERSON APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- B SION FOR APPROVAL. STATE OF TEXAS * COUNTY OF BRAZOS * ACKNOWLEDGMENT This instrument was acknowledged before me on the 1'- — day of 19 C'r7 by Robert C. Peterson and wife, Edna R. Peterson. %% ; ��, . - (t' i'ff Notary Pu lic in an for the State of T _F, X A S Printed Name: ;� ) :, Yj, My Comm. Exp t!r VOL �7U2ogrr 1 2 - • METES AND BOUNDS DESCRIPTION • OF A 0.03 ACRE (1313 SQUARE FOOT) TRACT BEING A 10' WIDE UTILITY EASEMENT D. A. SMITH SUBDIVISION 4\-RICHARD CARTER LEAGUE, ABSTRACT NO. 8 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and Bounds description of all that certain 0.03 acre (1313 square foot) tract, lying and being situated in the Richard Carter League, Abstract No. 8, Brazos County, Texas, and being a portion of Lot 6, D. A. Smith Subdivision, as shown by plat recorded in VOLUME 49, PAGE 106, of the Deed Records of Brazos County, Texas, said 0.03 acre (1313 square foot) tract being more particularly described as follows: COMMENCING at the west corner of Lot 5, D. A. Smith Subdivision. THENCE N 45° 00' 00" E for a distance of 237.00 feet with the southeast line of College Vista Subdivision (formerly College View) as shown by plat recorded in VOLUME 126, PAGE 133, and the northwest lines of Lots 5 and 6, D. A. Smith Subdivision, to a point for the PLACE OF BEGINNING, said point being in the northwest line of a 0.25 acre tract conveyed from Brint Morris, et ux, to Robert C. Peterson, et ux, as described by deed recorded in VOLUME 308, PAGE 701, of the Deed Records of Brazos County, Texas. THENCE N 45° 00' 00" E for a distance of 10.00 feet to a 1/2" iron rod found for the north corner of said Peterson tract, and the west corner of a 0.25 acre tract conveyed from Douglas M. Carter to William F. Trustee, as described by deed recorded in VOLUME 340, PAGE 746'h oflthipse Deed of Trust Records of Brazos County, Texas. THENCE S 45° 00' 00" E for a distance of 131.30 line between said Peterson tract and said Phillips, Trustee, t act comm 5/8" iron rod found for the east corner of said Peterson tract. THENCE S 45° 00' 00" W for a distance of 10.00 feet with the southeast line of said Peterson tract to a point for corner. THENCE N 45° 00' 00" W for a distance of 131.30 feet across said Peterson tract to the PLACE OF BEGINNING, and containing 0.03 acres (1313 square feet) of land, more or less. January 1987 /1000, /4' Surveyed by Mark R. Paulson Registered Public Surveyor No. 2099 FILE NO: 000260-1-25 C MARK R. PAULSON .0%..." 2099 EXHIBIT "A" G 'F°/sTEaE°;y0� n, u.. ll iy fj