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1987V977P135 kliDUL If'.,�T nu! fi n, �,,i 7: C) I,..:i ...-,k l Li . .i L.' UTILITY EASEMENT (Specific Property) ( "7/aiki,2.,. pP)Q9C - STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS ) That, AREA PROGRESS 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 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, certain rights and interests in the nature of a perpetual EASEMENT on and through the following described prop- erty: All that certain tract or parcel of land lying and being situated in the S.W. Robert- son Survey (Abstract No. 202) in College Station, Brazos County, Texas, being a part of that 477.92 acre tract conveyed to W. D. Fitch by deed recorded in Volume 703 , Page 8 of the Official Records of Brazos County, Texas, and a part of that 172. 81 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 822, Page 836 of the Official 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" Area" , and any additional area outside�theown easementaseareasneces- sary to install and attach equipment, guy wires, and anchors 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 following: the Street right-of-way and street; 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; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said property cut, trim and control theoas herein described, and to and in the easement area or on tadjoinin trees and othero vegetation n on which might interfere with or threaten adjoining and nance of any property of GRANTOR, apublic utility equipment opera- tions. inte- It is understood and agreed thatanyor pmnt and facilities placed upon said property and all equipment prop- erty of GRANTEE. Y shall remain the GRANTOR expressly subordinates all rights of surface use �J9��yO to the mineral estate to the above described uses of said �dov7 by GRANTEE, incident and agrees to lender' s subordinations on behalf of GRANTEE uponrequest. surfaceo ..-C: 6t S 6 lett , = �O o.e.:, c. t r i c�-i i -7 44 - STi 2 /� a �� / �...�� J 6�-� " G4 c_� F CJ tc �/'f 1�� ('0,11 UN/r�'C f ''``` ./e-�e P'iC/S / I u:. .- Ten 1-4 r J amf • Qa. =i 714-` o7 k_ / ,/...,.i., 4,,_ ,, _.,,. Jam_. • It is expressly understood that the GRANTOR 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 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 day of , 1987. AREA PROGRESS RP0RATION t BY: APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-19NB SSIpN FOR APPROVAL. STATE OF TEXAS COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the as i� , 1911_, by C', i� ° -�-- day of "1 AREA PRRE OGSS CORPORATION, on behalf of said corporation. ;.. ` j 1 ? No -ry Public ,a <� the State of Tln and for Printed NaE X A S me: ,�� Lhs My Comm E g c1 VOL77113F 136 - 2 - Proposed Street Right-of-way and Utility Easement Texas Centroid Ranch College Station, Texas 19 April 1987 All that certain tract or parcel of land lying and being situated in the S .W. Robertson Survey (Abstract No. 202 ) in College Station, Brazos County, Texas, being a part of that 477. 92 acre tract conveyed to W.D. Fitch by deed recorded in Volume 703, Page 8 of the Official Records of Brazos County, Texas, and a part of that 172.81 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 822, Page 836 of the Official Records of Brazos County, Texas, and being more particularly described as follows : Beginning at an iron rod in the southeast line of Green ' s Prairie Road at the most westerly corner of that 65 . 00 acre tract conveyed to HCA Realty, Inc. by deed recorded in Volume 961 , Page 306 of the Official Records of Brazos County, Texas. Thence S 43° 04 ' 02" W - 80.00 feet along the southeast line of Green' s Prairie Road; Thence S 46° 55 ' 58" E - 1133 . 73 feet to the beginning of a curve to the right (R=760 .00 ' ) ; Thence along the arc of said curve through a central angle of 6° 22 ' 28" to the end of said curve; Thence S 40° 33 ' 30" E - 179. 34 feet to the beginning of a to the left (R=840.00 ' ) curve Thence along the arc of said curve through a central angle of 14° 24 ' 18" to the end of said curve; Thence S 54° 57 ' 48" E - 254. 78 feet to the beginning of a curve to the right (R=760.00 ' ) Thence along the arc of said curve through a central angle of 7° 07 ' 30" to the end of said curve; Thence S 47° 50 ' 18" E - 262 .55 feet to the beginning of a curve to the right (R=25 ' ) Thence along the arc of said curve through a central angle of 9 ° 20' 48" to the end of said curve; 1 Thence S 43° 30 ' 30" W - 103.96 feet to the beginning of a to the right (R=760.00 ' ) curve Thence along the arc of said curve through a central angle of 7 ' 20" to the end of said curve; 9 4° Thence le4t ° 47 ' 50" W- 331 . 78 feet to the beginning of a curve Thence along the arc of said curve through a central angle of 38 ' 19" to the end of said curve; 5 ° Thence S 42° 09 ' 31" W - 320. 90 feet to the northeast right-of - way line of State Highway No. 6; g Thence S 49° 24 ' 06" E - 80. 03 feet along said right-of-way line; Thence N 42° 09 ' 31 " E - 318. 72 feet to the beginning of a curve to the right (R=760.00 ' ) ; Thence along the arc of said curve through a central an /";-Th le 9 of 5 ° 38 ' 19" to the end of said curve; Page 1 of 2 EXHIBIT "A" • • Page 2 of 2 Texas Centroid Ranch Street R.O.W. 19 April 1987 Thence N 47° 47 ' 50" E - 331 . 78 feet to the beginning of a curve to the left (R=840.00 ' ) Thence along the arc of said curve through a central angle of 4° 17 ' 20" to the end of said curve; Thence N 43° 30 ' 30" E - 211 .46 feet; Thence N 47° 50 ' 18" W - 370.04 feet to the beginning of a curve to the left (R=840.00 ' ) Thence along the arc of said curve through a central angle of 7° 07 ' 30" to the end of said curve; Thence N 54° 57 ' 48" W - 254. 78 feet to the beginning of a curve to the right (R=760.00 ' ) Thence along the arc of said curve through a central angle of 14° /17) 24 ' 18" to the end of said curve; Thence N 40° 33 ' 30" W - 226.11 feet to an iron rod at the most southerly corner of the said HCA Realty, Inc. 65.00 acre tract; Thence N 46° 55 ' 58•. _ " he said HCA Realty, 1180. 51 feet along the southwest line of the said Beginning Realt , Inc. 65 . 00 acre tract to the Point of containing 5. 97 acres of land more or less. 401"4" 6Va .p ...i.r a•.•••..ia A*...ii"." tA1 ‘10.7• ...a. L• .:4c:..4/ VOL 977rH1_38