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1988V1050P593 408392 411 1• J• .) UTILITY EASEMENT (Specific Property) Aioielz Me/ STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, AREA PROGRESS CORPORATION, a Texas 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 valu- able consideration, in hand paid to GRANTOR by the CITY OF COL- LEGE 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 property: Lot 49, Block 65, of the Southwood Forest Subdivision in College Station, Texas, re- corded by plat in Volume 969, Page 631 of the Deed Records, 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 cen- terline on the attached Exhibit "A" , known as the "Easement Area", and any additional area outside the easement area neces- sary to install and attach equipment, guy wires, and anchors nec- essary and incident to the uses of the Easement Area. To erect, construct, install , and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove the fol- lowing: 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 as herein described and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and mainte- nance of any public utility equipment, accessories, or opera- tions. It is understood and agreed that any and all equip- ment and facilities placed upon said property shall remain the property of GRANTEE. 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 on behalf of GRANTEE upon request. 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. V01. 1050 PA:,: 593 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 15 day of 747, , 1988. AREA PROGRESS ORPORATION 4. I BY: W.D. Fitch APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the Iii' dray_ of of AREAPSS CORPORATION, on behalfFofCsaidscor)%11.44g.",* o atiion~ a•.,,,, l NORMA S. 'METES:' taryu � �1,�. a\ i�' STATENoof PTEXASblic Notary Public in and for .i,a�E,� the State of T X A S My Commission expires 6-10-91 Printed Name : 0`2 ('r1A s ."' eems My Comm. Exp. : G . 10 - 9 - 2 - VOL 1050oa,E 594 Lot 49, Block 65, of the Southwood Forest Subdivision in College Station, Texas, recorded by plat in Volume 969, Page 631 of the Deed Records, Brazos County, Texas. Being a 429 . 74 square foot part of Lot 49, Block 65 (said area being a strip 2 feet wide and 214.87 feet in length parallel and adjacent to an existing ten foot wide easement which is parallel and adjacent to the common boundary between Lots 49 and 50 ) in the South- wood Forest Subdivision, recorded by plat in Volume 969, Page 631 of the Deed Records, Brazos County, Texas. EXHIBIT A vo. 1050 595