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1987V987P713 T ' EASEMENT ";` y ) ' ' `.!-JL 23 r,'i 2: 3 STATE OF TEXAS KNOW ALL MEN BY THE$E;, PR,E,SENTS: COUNTY OF BRAZOS ) 391198 MADE, this 22e day of Y , 1987, between CATHERINE A. KAPCHINSKI ( hereinafter called "GRANTOR" ) 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 her paid, the receipt whereof is hereby acknowledged, the GRANTOR hereby GIVES and DONATES 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, collection facil- ities, television, telephone and communications lines on, over, across, and under that portion of GRANTOR' S 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 0. 48 acre tract conveyed to Catherine A. Kapchinski by deed recorded in Volume 626, Page 826 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an iron rod found in the south- east line of Krenek Tap Road at the most northerly corner of the said Catherine A. Kapchinski 0. 48 tract. Thence S 47 degrees 53 ' 19 " E - 20 . 19 feet along the northeast line of the said Catherine A. Kapchinski 0. 48 acre tract. Thence S 42 degrees 30 ' 00 " W - 100. 13 feet through the said Catherine A. Kapchinski tract to the northeast line of that 0. 725 acre tract conveyed to the City of College Station by deed recorded in Volume 371 , Page 723 of the Deed Records of Brazos County, Texas; -1- gS7r1 713 Thence N 47 degrees 55 ' 37" W - 19 .98 feet along the line between the said City of College Station tract and the said Catherine A. Kapchinski tract to an iron rod found at the most westerly corner of the said Catherine A. Kapchinski tract, in the southeast line of Krenek Tap Road; Thence N 42 degrees 22 ' 52 " E - 100. 14 feet along the southeast line of Krenek Tap Road to the Point of Beginning and containing 0. 05 acres of land more or less. 1 . GRANTOR grants to GRANTEE the right of ingress and egress over GRANTOR'S 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, including guy lines and anchors; 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 pre- vent possible interference with the operation of said facilities and/or equipment or to remove possible hazards thereto. 2. GRANTOR further convenants and agrees 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 GRANTOR'S property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement. 4. GRANTOR expressly subordinates 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 o behalf of GRANTEE n upon request. 5. GRANTEE agrees to waive any assessment in consideration for GRANTORS ' conveyance of the property as a result of the City vo, 987r714 -2- A of College Station Capital Improvement Project G-81-81-15 for the reconstruction, paving, curbing and guttering of Krenek Tap. CATHERINE A. KAPCHINSKI 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 day of , 1987 by Catherine A. Kapchinski ' Notary Public in and for ," , •, ' ., the State of T E X A S Printed Name. A.,7040, -,` L A, My Comm. Ex P• • �- r 5-eq -3-