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1987V1018P400 ti� LI-' t n {..,, 1: r, 7 n .- is I, STATE OF TEXAS ) v`� 'j `7 894 85 _ COUNTY OF TEXAS ) EASEMENT - lei` 1(t..,' Lt_ . THIS Agreement is entered into this the r74-- day of 4 , 1987, by and between K.C. MORGAN and wife, ATHA LEE MORGAN, of Route 4, Box 379B, College Station, Texas 77840 (hereinafter referred to as "GRANTORS" ) and the CITY OF COLLEGE STATION, a Texas Municipal Corporation, of Brazos County, Texas (hereinafter referred to as "GRANTEE" ) ; WITNESSET H : That for and in consideration of the sum of Ten and no/100 Dollars ( $10. 00 ) and other good and valuable considerations as hereinafter set forth, which the GRANTORS are to receive from GRANTEE in the future, the GRANTORS do hereby grant to the City of College Station, Texas, GRANTEE, in lieu of condemnation, an easement over, on, and across that certain property of GRANTORS lying and being situated in the City of College Station, Brazos County, Texas and being more particularly described on Exhibit "A" attached hereto and made a part hereof for the purpose of constructing , installing, and thereafter using , operating , in- specting, maintaining, repairing, and reconstructing a public rstreet thereon, together with water, sanitary sewer, and storm sewer lines, electrical distribution and transmission lines, telephone and cable television lines, drainage ditches, and drainage pipes. Provided however, any grant and provision con- tained in this instrument to the contrary notwithstanding, the easement rights and privileges herein granted shall terminate and this instrument shall become null and void and have no further force and effect in the event the GRANTEE herein shall not have completed the construction, paving, and expAnzlpz. of Miller' s Lane over and across the property herein described on Exhibit "A" within two (2 ) years from the date hereof. Provided further in /0 /$7,4,5e06 0I$ 5e06 { iC 2/0 r 118n ^r400 ( R° "1 � �g. 403 1:0•000(0), • 101 JikA . any event, this easement shall thereafter terminate when or after such time as the purposes hereof cease to exist or are abandoned by GRANTEE or become impossible in performance. As part of the consideration for the GRANTORS granting this easement to the GRANTEE, GRANTEE hereby acknowledges that the property is valued at $ 46,000.00 . As a part of the consideration for the GRANTORS granting this easement to the GRANTEE, GRANTEE hereby agrees to credit and shall credit a total offset against any and all paving and/or construction costs assessments that GRANTEE assessed or shall assess against the property of the GRANTORS, their heirs, execu- tors and assigns, adjacent and contiguous to the property on which the easement is granted and the street expansion to be con- structed, hereby releasing GRANTORS, their heirs, executors and assigns, from all liability for costs incurred . Should GRANTEE fail to perform any of the covenants, con- siderations, understandings, and obligations arising hereunder , then all rights and privileges granted hereby by GRANTORS to GRANTEE shall terminate and this agreement shall be of no further force and effect. GRANTEE hereby indemnifies and agrees to hold GRANTORS, GRANTORS ' heirs, executors, and assigns, harmless from and against any and all claims, demands and actions brought and/or filed against GRANTORS because of the use, construction, instal- lation, placement, repair, and replacement of the street and/or utilities as contemplated herein on, over, and across said easement described in Exhibit "A" attached hereto. Whether the same shall arise out of the use of said easement or the construc- tion, maintenance, operation, repair, alteration, replacement, removal, or reconstruction of said improvements by the GRANTEE or any of the work being performed on said easement by GRANTEE or by any of its agents, contractors, employees, or servants, whether such claims or actions be rightfully or wrongfully brought or filed against GRANTORS herein . And it is further understood and - 2 - v0,. 1.01.8 oa,': 401 agreed that indemnification of GRANTEE shall also include any and all costs and expenses incurred by GRANTORS in the defense of any said actions, demands, or claims including, but not limited to, reasonable attorneys fees. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney' s fees and costs. GRANTORS hereby covenant and agree that no part of the im- provements constructed, erected, or placed on the property de- scribed on Exhibit "A" by the GRANTEE shall be or become or be considered as being affixed to a part of the said property and that all of the improvements, of every kind and nature, con- structed, erected, or placed on said land or any part thereof by the GRANTEE, shall remain the property of the GRANTEE. GRANTEE shall repair any damage to and/or restore GRANTORS ' property if the need for such repair or restoration is caused by or arising out of its use or enjoyment of this easement. GRANTORS expressly subordinate all rights of surface use instant to the mineral estate to the above described uses of said surface by GRANTEE. GRANTORS agree to lenders ' subordinations on behalf of GRANTEE. EXECUTED this the /'74- day of L/2-1C21,--)14.4A._. 1987 . �Lr L K.C. MORGAN • 2 41,4 4 A � ATHA LEE ORGAN STATE OF TEXAS COUNTY OF BRAZOS ) ACKNOWLEDGEMENT his instrument was acknowledged before me on the /794-• -aa of - 1987, LEE MORGAN. ' by K.C.KCMORGAN and wife, ATHA Notary Public in and for the State of Texas Printed Name: tu - k_ ili�,ti My Comm. Exp. : � ��� - 3 - Vo� . .ti. 1.8 na,E 402 M • P ib All that certain tract or parcel of land lying and being situated ; r1 the Morgan Rector League in College Station, Brazos County, Texat , being a part of Lot 1 and Lot 2 of Lake View Acres, an addition to tle City of College Station, Texas, according to plat of record in Volune 128 , Page 300 of the Deed Records of Brazos County, Texas, and a part that tract conveyed to J. W. Wood, Trustee by deed recorded in Volune' 679, Page 450 of the Official Records of Brazos County, Texas , ani being more particularly described as follows: Beginning at an iron rod found in the northwest line of Miller' s Lana at the most easterly corner of the said Wood tract which is also the most southerly corner of that 1 .00 acre tract described by Contract of Sale to David Keese recorded in Volume 405, Page 794 of the Deet Records of Brazos County, Texas . Thence S 42 degrees 56 ' 48" W - 677. 14 feet along the northwest line of Miller ' s Lane to a concrete right-of-way marker found at thf, intersection of the northwest line of Miller' s Lane and the north lin(. of Texas Avenue; 'Phence '� ��` 1,1 degrees 17 ' 17 „ W - 23 . 28 feet along the north line of Texas v nue to an iron rod set for corner; (///e1\ Thence N 43 degrees 04 ' 05” E - 692 . 71 feet through the said Wood tract to a point for corner in the line between the said Wood tract and the said Keese tract ; • Thence S 48 degrees 56 ' 30" E - 15 . 39 feet along the line between the said Wood tract and the said Keese tract to the Point containing 11 , 029 square feet of Land more or less . of Beginning ane \ . : 4.C• • ,.."•%, */ OPA , f. \ ,0;,,,. : 1.1._ ,:,• „,. .,. .< _v_,.!.i., C \ • , . fit. 4AY0 V T O Ai , 40 4</C'SUR � Z.)0-._. // ,,/'�/ / ,)4/"*:,.... ! EXHIBIT "A" 44-< . t Z.e' /..) 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