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1988V1060P379 ev UTILITY EASEMENT 19)8 Jut. 15 PMS 3: t 3 (Specific Property) ✓//vY -, STATE OF TEXAS ) y'/�" (/. KNOW ALL MEN BY THE'' PRESENTS: COUNTY OF BRAZOS ) That, UNIVERSITY BOOKSTORE, INC. , 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 valuable consideration, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowl- edged, 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 de- scribed property: All that certain tract or parcel of land lying and being situated in the J.E. Scott Survey, Abstract No. 50, College Station, Brazos County, Texas, and being part of Lot 8, Block 2, Boyett Subdivision accord- ing to the plat recorded in Volume 38, Page 615 of the Deed 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: Sanitary sewer lines, connecting lines, access facilities, and related equipment; 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 pur- poses which do not interfere with or prevent its use by the GRANTEE. Should the current owners of Lots 8 and 9, Block 2, desire to ex- pand the existing University Bookstore Building to the northwest, then the City of College Station shall be granted a new 10 foot wide easement along the southwest line of Lot 8 ( under the por- table building currently existing) . The City shall , at its own expense, relocate the sanitary sewer main from the easement here- in described as Exhibit "A" to the newly created easement along the southwest property line of Lot 8. The present easement would then be abandoned to allow the building expansion . TO HAVE AND TO HOLD the rights and interests herein described un- to the CITY OF COLLEGE STATION, TEXAS, and its successors and as- signs, forever, and GRANTOR does hereby bind itself, its succes- sors and assigns, to warrant and forever defend, all and singu- lar, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whom- soever lawfully claiming, or to claim same, or any part thereof. EXECUTED this r �J day of � 1988. UNIVERSITY BOOKSTORE, INC. BY: �rsyr/ EARNEST S. CAMP i President APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the /37- day of 1988, b Unive sity Bookstore y EARNEST S. CAMP, as President of said Corporation. Inc. , a Texas Corporation, on behalf of Notary Public in and for the State of T E X A S Printed Name My Comm. Exp. : - 2 - VOL 1060 PA 380 • EXHIBIT A Boyett Subdivision Lot 8 - Block 2 Sanitary Sewer Easement a. E. Scott Survey, A-50 College Station, Brazos County, Texas • Field notes of a 10 foot sanitary sewer easement, lying and being situated in the J. E. Scott Survey, Abstract No. 50, College Station, Brazos County, Texas, and being part of Lot 8, Block 2, Boyett Subdivision according to the plat recorded in Volume 38, Page 615, of the Deed Records of Brazos County, Texas , and said easement being more particularly described as follows: BEGINNING in the southeast right-of-way line of Particia Street (20 foot right-of-way) located S 44° 43' 23" W 71 . 00 feet from the north corner of Lot 9, Block 2 of the beforementioned Boyett Subdivision, from which the lead plug found in flow line of curb marking the east corner of Lot 12, Block 2, Boyett Subdivision bears N 29° 00' 41 " E 73.86 feet; THENCE through the interior of the beforementioned Lot 8, same being along the northeast and east and southeast lines of the proposed sanitary sewer easement as follows : S 45° 0000" E 79.71 feet to angle point, S 11 29' 47" W 12. 91 feet to the northwest edge of an exist- ing brick building (University Book Store) , S 44° 43' 23" W along the northwest edge of the beforementioned brick building, at a distance of 15 .0 feet, pass the west corner of said building, continue on for a total distance of 18.24 feet to the southwest line of Lot 8, Block 2, same being in the northeast line of Lot 4, Block 2, and same 'being the south corner of this easement; THENCE N 45° 00' 00" W along the common line between the before- mentioned Lot 8, Block 2 and the beforementioned Lot 4, Block .2, Boyett Sub- division, for a distance of 7. 36 feet to the north corner of Lot 4, same being the most southerly west corner of this easement, from which the west corner of Lot 8 bears N 45° 00' 00" W 79.43 feet; THENCE through the interior cif the beforementioned Lot 8, Block 2, Boyett Subdivision, along the northwest, west and southwest lines of the proposed easement as follows: N 44° 43' 23" E at a distance of 4.1 feet edge of a feet, pass the southwest portable building (metal ) continue on for a total distance of 11 .18 feet to angle point, N 11 29' 47" E at a distance of 6. 0 feet, edge of saidpass the northeast portable on for a total distance uofd9. 38 feetltoe angle point, N 45° 00' 00" W parallel with and 19.00 feet northeast of the southwest line of Lot 8, same being approximately 3 feet northeast of the beforementioned portable building, for a distance of 74.29 feet to the west corner of this easement in the before- mentioned southeast right-of-way line of Patricia Street, from which the 1/2" iron rod found marking the south corner of the beforementioned Lot 12, Block 2 Boyett Subdivision bears S 56° 33' 14" W 97.55 feet; VOL 1060 PAGE 381 KLING ENGINEERING AND SURVEYING BRYAN. TEXAS ; Boyett Subdivision Lot 8 - Block 2 Sanitary Sewer Easement College Station, Texas Continued - Page 2 • THENCE along the southeast right-of-way line of Patricia Street, for a distance of 10.00 feet to the PLACE OF BEGINNING, y ,OF.TF�9 Surveyed July, 1988 ;J+ :s it P' • S. M, KLING By: • . 2003 GB'9C' STE E'o'yo� ���!S UR`•* S S. M. Klin g • Registered Public Surveyor No. 2003 VOL060 PAGE-382 KLING ENGINEERING AND SURVEYING BRYAN.TEXAS