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1988V1059P728 RECEIVED 2 9 136-11 4108'79 ; . l UTILITY EASEMENT 128 JUL Q�;+ a 4 4 (Specific Property) at3 ':i.JWY ' a Y_. STATE OF TEXAS KNOW ALL MEN BY THESE PRES NTS : COUNTY OF BRAZOS ) That, AUBREY J. PETERSON, 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 valuable consideration, in hand paid to GRANTOR by the CITY OF COLLEGE 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 EASE- MENT on and through the following described property: All that certain tract or parcel of land lying and being situated in the Richard Carter League in College Station, Brazos County, Texas, being a part of Lot 2 Reserve "E" of Plantation Oaks section one addition to the City of College Station, Texas, according to plat of record in Volume 588, Page 603 of the Deed Records of Brazos County, Texas, which is also that 0. 5207 acre tract conveyed to Ray Ellis by Deed rec- orded in Volume 616, Page 329 of the Official Records of 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 any ways, streets, roads, or alleys abutting same; 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 maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment 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 Owner 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. 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 himself, his heirs 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 < day of - ,„7/(7?-2� 1988. AUBREY ERSON APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBM S ON FOR APPROVAL. STATE OF TEXAS ) COUNTY OF FANNIN ) INDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the 222A day of , 1988, by AUBREY J. PETERSON. Notary Public in and for r-. F ••.., the State of T E X A S Printed Name : My Comm. - 2 - vc 1059 P!729