Loading...
1988V1076P372 1 415239 1338 SEP 27 PM 2: 49 RIGHT-OF-WAY EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS § 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, known as the property curb on University Drive at Houston Street (formerly Ball Street) in The City of College Station, to wit: BEING: a strip of land three (3) feet wide for easement and generally located parallel to the northeastern boundary of a tract of land lying and being situated in the J. E. Scott League, College Station, Brazos County, Texas, said tract being an 0. 63 acre tract conveyed to the United States of America (Post Office Dept. ) by the Agricultural and Mechanical College of Texas by deed recorded in Volume 91, Page 335 of the Warranty Deed Records of Brazos County, Texas and being more particularly described as follows: COMMENCING: at a 1/2 inch iron rod for monument marking the southmost corner of the aforementioned 0. 63 acre tract, said point being in the northeast line of Houston Street; THENCE: with the southeastern boundary line of the aforementioned 0. 63 acre tract N 50 degrees 54 min- utes E a distance of 180 feet to a point in the northeastern boundary line of the aforementioned 0. 63 acre tract for corner; ki • 2 THENCE: with the northeastern boundary line of the aforementioned 0. 63 acre tract N 36 degrees 25 min- utes W a distance of 30.7 feet to a point in the said northeastern boundary line; said point being a dist- ance of 4 . 6 feet opposite and northeast of a power pole owned by the City of College Station, Texas said point also being the POINT OF BEGINNING. THENCE: Continuing along said northeastern boundary line of aforementioned 0. 63 acre tract N 36 degrees 25 minutes W a distance of 119.3 feet to a point marking the northmost corner of said 0. 63 acre tract; said point being in the southeast line of Farm-to- Market Road 60; THENCE: northeasterly with a right deflection angle of ninety (90) degrees a distance of three (3) feet to a pint for corner; THENCE: in a southeasterly direction, parallel to and three (3) feet northeast from the northeastern boundary line of the aforementioned 0. 63 acre tract a distance of 119.3 feet to a point for corner; THENCE: southwesterly with a right deflection angle of ninety (90) degrees a distance of three (3) feet to the POINT OF BEGINNING and containing 357. 9 square feet of land more or less. PURPOSE AND LOCATION OF EASEMENT 2 . This easement shall be for the of constructing and maintaining a trafficrpose control cable aatna, location as indicated by Exhibit "A" incorporated herein for all purposes. No additional area is granted or may be located on the premises without the express permission of the Grantor. RIGHT OF ACCESS 3 . The Grantee is hereby granted right egress over and across said tract for ethe pu po se ingress and constructing, maintaining, repairing, replacing and f rebuilding its facilities. The Grantee agrees to occupy the land only to the extent and for the length of time necessary for operating, constructing, replacing and rebuilding suchmfacilities. repairing, VO,. . r a ti-br!,;E-► + Li s+ 3 DUTY TO REPAIR AND REPLACE 4. It is agreed that if 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 GRANTEI 5. It is specifically understood and agreed that this grant is a grant of right-of-way easement only, and does not grant the fee interest to the surface or any interest in the minerals, in and to the 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 (10) be renewed thereafter at the election of the Board. and may 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 on the herein specified erty for its own operations or for those operations of officers,ip'tsp 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. Grantee shall indemnify and save harmless Grantor, its officers, agents, and employees, from any and all costs or liabilities from injury or death to property arising out of the negligence rofns Granteeor 'nsge to employees, agents, or contractors in the construction, maintenance, repair, rebuilding, or operation of its facilities and lines. VOL _ 0I0rA . . ll 17 i 4 ASSIGNMENT 9. Grantee shall not sell, assign, or convey this easement without the express written consent of the Grantor, and any attempt by Grantee to so sell, assign, or convey this easement shall cause said easement to terminate. ENTIRE AGREEMENT 10. 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 by the parties to be charged. EFFECTIVE DATE 11. 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 ,/ G3 erry / Adkisson � " chtincellor The Texas A&M University System Date: - - , GRANTEE: THE CITY OF COLLEGE STATION BY: _v --1110416 Date: 2 (Pd) `'fin 171 5 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on ii�1/ / , p by Perry L. Adkisson, Chancellor of The Texas A•/u University���o System. ` Notary • ic, State of Texas Printed Name: /614/(12/ ()0 � My Commission Expires: /:,?647 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on W Se�';r � /9,1'? by LQr/L ✓ of The ity of College Station. rz_ Notary Public, State of Texas ' ,` Printed Name: /'o My Commission Expires: ..S-2,3- VOL 107S FI I! j Field Notes 3' Easement for Traffic Control Cable City of College Station September 9, 1988 BEING: a strip of land three (3) feet wide for easement and generally located parallel to the northeastern boundry of a tract of land lying and being situated in the J.E. Scott League, College Station, Brazos County, Texas , said tract being an 0.63 acre tract conveyed to the United States of America (Post Office Dept.) by the Agricultural and Mechanical College of Texas by deed recorded in Volume 91 , Page 335 of the Warranty Deed Records of Brazos County, Texas and being more particularly described as follows : COMMENCING: at a 1/2 inch iron rod for monument marking the southmost corner of the aforementioned 0.63 acre tract, said point being in the northeast line of Houston Street; THENCE: with the southeastern boundry line of the aforementioned 0.63 acre tract N 50° 54' E a distance of 180 feet to a point in the northeastern boundry line of the aforementioned 0.63 acre tract for corner; THENCE: with the northeastern boundry line of the aforementioned 0.63 acre tract N 36° 25' W a distance of 30.7 feet to a point in the said north- eastern boundry line; said point being a distance of 4.6 feet opposite and northeast of a power pole owned by the City of College Station , Texas said point also being the POINT OF BEGINNING; THENCE: Continuing along said northeastern boundry line of aforementioned 0.63 acre tract N 36° 25' W a distance of 119. 3 feet to a point marking the northmost corner of said 0.63 acre tract; said point being in the southeast line of Farm-to-Market Road 60; THENCE: northeasterly with a right deflection angle of ninety (90° degrees a distance of three (3) feet to a point for corner; ) THENCE: in a southeasterly direction, parallelthree (3) northeast from the northeastern boundrylineof thea afforementionede0.63 acre tract a distance of 119.3 feet to a point for corner; THENCE: southwesterly with a right deflection angle of ninety degrees a distance of three (3) feet to the POINT OF BEGINNING and°contain- ing 357.9 square feet of land more or less. EXHIBIT A von 107/7''n ,:,� ;'"7 Ef N ` II T xQ Pr f U�7/Vere/7� /II Pe , Y y, Z sit-//q 3, p ,ti,�, N o Z 5,' 4 tot: 20 w //q 3,` � .--_..- >:- s a'�"o m co / 7 J j EoSen,egf eedEta/ owe- Po/c '` +`o Texas�'Liofe 0 QQ A b y 1 vol /47 # 5r 1 i 0, !j I � r\-) i �' (cc c I CR I C V3 1 0 I . le/ — " �sf Of=rice 8� cl, . z5, tv- (11 frc' , � , , � � a� 1111!111111111 v vi K,,,_ % % --3„1::27,... //OU 1•••,,,i0 -- _ // ear/ S7L Z. �`` /T • (T or�Er,/y 14:785 'c'.7***A7...1- ":::z:::: /3f..� Cti.eb v7v�1"rCu,.b 9/7/1c d 3' Easement for Traffic Control Cable City of College Station VOL 1Pr�, �� September 9, 1988 • „) �tl", << , 3 hi to iH :1