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1987V978P129 J ) y t3gZ /j 5 EASEMENT _ ., : STATE OF TEXAS ) "� �: j;;;,1j ! f KNOW ALL MEN BY THE R g Na COUNTY OF BRAZOS ) t ..-t r r v;,'r��,; • ``H MADE, this /1 day of / " 1987, ` �� ► between JOHN E. HONEA, and wife GERDA HONEA ( hereinafter called "GRANTORS" ) and the CITY OF COLLEGE STATION, a Texas Municipal Corporation, Brazos County, Texas ( hereinafter called "GRANTEE") ; WITNESSET H: That for and in consideration of the sum of TEN and NO/100 DOLLARS ($10 .00 ) to them paid, the receipt whereof is hereby acknowledged, the GRANTORS hereby GIVE and DONATE the property hereinafter described to the GRANTEE, as a charitable contribu- tion, which contribution is made in lieu of condemnation, a per- petual easement for public utilities and a street, and the GRANTEE shall have the right to construct, use, operate, inspect, repair, maintain, reconstruct, modify, and maintain such a street, and further may construct, operate, and maintain electric transmission and distribution lines, sanitary sewer lines, con- necting lines, access facilities, storm sewers, drainage facili- ties, collection facilities, television, telephone and communica- tions lines on, over, across, and under that portion of GRANTORS ' property described as follows: All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of that 2. 99 acre tract conveyed to John E. Honea by deed recorded in Volume 273 , Page 477 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an iron rod found at the most southerly corner of the said Honea tract in the northwest line of Krenek Tap Road. c:`�. i� Thence N 42 degrees 32 ' 58 " 2500 eet along the northwest line of Krenek.Tap fRoad to an iron rod set at the P.C. of a curve (R=25 ' ) ; ru Thence along the arc of said curve, the chord of which bears S 87 degrees 32 35. 36 ' 58 W - � ` "f-273177 throegh a central angle of 90 degrees to an iron rod set in the southwest line of the said Honea tract; -1- 878,,, 129 Thence S 47 degrees 27 ' 02" E - 25 .00 feet along the southwest line of the said Honea tract to the Point of Beginning and contain- ing 134 square feet of land more or less. 1 . GRANTORS grant to GRANTEE the right of ingress and egress over GRANTORS ' adjacent lands to or from said easement for the purpose of inspecting, maintaining, constructing, recon- structing, repairing, operating and/or removing said public utility systems and/or public street and any or all fixtures and appurtenances thereto; the right to cut or trim trees and other foliage, roots, brush and other obstructions within or along the easement, to the extent, in the sole reasonable judgment of GRANTEE, as may be necessary to prevent possible interference with the operation of said facilities and/or equipment or to remove possible hazards thereto. 2. GRANTORS further convenant and agree that no part of improvements constructed, erected or placed on said land by GRANTEE shall be or become or be considered as being affixed to or a part of said property and that all improvements of every kind and nature constructed, erected or placed on said land or any part thereof by GRANTEE or its licensee, shall remain the property of the GRANTEE. 3. GRANTEE shall repair any damage to and/or restore the GRANTORS ' property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement. 4 . 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. 5. GRANTEE agrees to waive any assessment in consideration for GRANTORS ' conveyance of the property as a result of the City of College Station Capital Improvement Project G 81 81 17 for the reconstruction, paving, curbing and guttering of Dart- mouth. JOHN . HiNEA /' ERDA HONEA VOL 978r13() -2- APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the � 1 day of rt , 1987 by John E. Honea and wife, Gerda Honea. .}�41RY P`<< 7ER23A BORIVI Notary Public in and for * . NOTARY PUNIC, ;TfTZ CF'EYES N oP COI MISMN E FIC $43-9J the State of TEXAS �'"" Printed Name: Teresa, gori ski My Comm. Exp. : g- . 0 -3- N r13- 131_