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1988V1029P590 i 4' r° 40290 (AO AO RIGHT-OF-WAY EASE NT 2‘624.2., )27,/,4444r= STATE OF TEXAS ) ( COUNTY OF BRAZOS ) ( KNOW ALL MEN BY THESE PRESENTS Grant of Easement 1. That the BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, hereinafter referred to as "Board", acting by and through its duly authorized officer, under the authority of Board Minute Order No. 2g-78 of the Board, on behalf of the State of Texas, by virtue of the authority granted to said Board by Subtitle (C) , Chapter 85, Section 85. 26, Texas Education Code, in consideration of the mutual benefits to be derived by both parties hereto, does hereby GRANT, BARGAIN, SELL AND CONVEY to the CITY OF COLLEGE STATION, hereinafter referred to as "Grantee", its successors and assigns, a right-of-way easement across certain property under the control of the Grantor located in Brazos County, Texas, to-wit: A tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. 50 of Brazos County, Texas and being out of a 56.223 acre tract of land conveyed to Texas A&M University, by Forrest N. Troutman as recorded in Volume 507, Pages 361 thru 364 of the deed records of Brazos County, Texas. Purpose and Location of Easement 2 . This easement is granted for the purpose of an electrical distribution line as indicated on theeattached Exhibit A as incorporated herein for all purposes. tional lines may be located within theright of-ay a area granted by this easement without prior permission of the Grantor. Right of Access 3 . The Grantee is hereby granted the right of ingress and egress over and across said right-of-way for the purpose of constructing, maintaining, repairin rebuild- ing its facilities. 9, replacing and only to the extent and h for the lenrantee gth of time rees to c the land occupy necess operating, constructing, maintaining, pry for and rebuilding such facilities. repairing, replacing VOL 1_0?9 fla 590 -i 2d / ,. g I33 3 Duty to Repair and Replace 4 . It is agreed that if the Grantee damages or destroys any fences, road, bridges, culverts, buildings or other property on said right-of-way (other than the structures constructed by the Grantee) that said will within a reasonable time rebuild and repair the same to the extent that they will be, as nearly as practicable, in like condition as before the Grantee damaged or destroyed them. If the Grantee removes any equipment or structure, it will fix and level as required by the Board the land affected thereby so that said land will be as nearly as possible in the same condition as it was before the Grantee entered thereon. No Fee Interest Granted 5. It is specifically understood and agreed that this grant is a grant of right-of-way easement onl and does not the fee or any interest in the minerals in and to thegrant land affected hereby. Duration of Easement 6. In accordance with the Texas Education Code, Section 85.26 (c) , this grant is for a term of ten until such time as the residences served by the Ali eearslocated on this easement shall cease to be used for private residen- tial purposes, whichever is sooner. Reservation of Non-conflicting Use of Property 7. The Board hereby expressly reserves for its use and for the use of any Part of The Texas A&M University System total access to, across and along the right-of-way herein granted for its own operations or for those operations of its offi- cers, agents, and employees, such use to be in common with that of Grantee, provided that such use is not inconsistent with Grantee's rights hereunder. Hold Harmless 8 . To the extent permitted b and save harmless Grantor, y law, Grantee shall indemnify its officers, agents, and employees, from any and all costs or liabilities from injury or death to persons or damage to proertynegligence of Grantee's employees, agents, aing orscontrout of actorstin the construction, maintenance, repair, rebuilding, or oper- ation of its facility. VOL _t O?()pa:'r 591 ti .ti Entire Agreement 9. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by the party to be charged. Effective Date 10. This agreement shall be deemed to be in force and effect on the date of execution by the last of the parties to execute same. GRANTOR: BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM 66 0)-4 z ,/ Perry " . Adkisson Chancellor The Texas A&M University System Date: GRANTEE: CITY OF COLLEGE STATION By: _. :_ Date: /y' f{ / /2 y,:f' ATTEST: OA AA 4 4 4 Ac ing City Secretary VOL 1029f'a592 ji STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me onp`r� /7, /91 7 by Perry L. Adkisson, Chancellor of The Texas &M University System. r Printed me: .41/0 V 4, Notary Notary P blic My commission expires: p4,7/ ,S STATE OF TEXAS COUNTY OF /'X'4 ' 05 This instrument was acknowledged before me on by L���/'„k.rz' .ice �> the City of College Station, a municipal corporation, on of behalf of said city. Printed Name: :, Notary Public • My commission expires: .37: •, .3 +—/ VOL JV #n.,c 593 fi 2; • • EXHIBIT A Field Notes 20' Electrical Easement City of College Station November 10, 1987 A tract or parcel of land lying in the J .E. Scott League A-50 of Brazos County, Texas and being out of a 56.223 acre tract of land con- veyed to the Agricultural and Mechanical College of Texas now known as Texas A&M University, by Forrest N. Troutman recorded in Volume 507 pages 361 thru 364 of the Deed Records of Brazos County, Texas and being a strip of land twenty (20) feet wide lying ten (10) feet each side of a centerline more particularly described as follows: Commencing at a concrete right-of-way marker on the Northwesterly right-of-way line of Farm to Market Road 60, said point being at right angles to and 50 feet from centerline at Texas State Department of High- ways Station 1+20 Project C506-1-23, Control 506-1-23 and Project DPJ019 (2) , Control 506-1-35, Farm to Market Road 60 as recorded in Volume 104, pages 149, 151, 184 and 187 of the Deed Records of Brazos County Texas, said point being State Plane Coordinate `Ny363,269.114, E 3;249,257.424 as 0/107 determined by a campus Survey prepared b Williams-Stackhouse 11 isms-Sta_ ckhouse 7ncor- porated dated January 1984, a copy which is filed in the records of The ,y,, _ Facilities Planning and Construction Department of the above University; Thence N 48°04' E a distance of 247.90 feet to a point lying 20' S.E. of utility pole with a lateral service line heading in a north- easterly direction, said point being the Place of Beginning; Thence N 49°55' W a distance of 3347 feet to a utility pole being an angle point and having a lateral service line heading in a southwesterly direction from said utility pole; Thence N 45° 51 ' W a distance of 147.7 feet from a utility pole that intersects with an existing powerline that runs parallel to the southeast right of way of F&B road said utility pole being Place of Ending and con- taining 1.606 acres of land, more or less. Bearings used on these field notes are Grid Bearings, Central Zone. Prepared from a survey made under my supervision on this 12th day of November, 1987 GA% OF Pp *********** e ,•• 42/0 Calvin C. Rei gel •... ........................Q.REIGEL .o•;,, 2325 r �1C..SUR��-1 VOL 1.029 PAH 594 L.Vt..d /67 ;��f�t� /�r4 / , c a .0/ / /C . _4 Cr�{F< 1� / j/) /f a GC.-1`"rt.