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1988V1089P196 11 7 4- • AMENDED EASEMENT AGREEMENT c STATE OF TEXAS ) KNOW ALL MEN BY THESE•,PRES.NTS: COUNTY OF BFAZOS 413736 1 / i► //- This agreement is entered into by and between RAYMOND S. LISTER, JR. , of Harris County, Texas, GRANTOR, successor in in- terest to MUNZEL HOLDINGS, INCORPORATED, and the CITY OF COLLEGE STATION, TEXAS, a Home Rule Municipal Corporation of the State of Texas, GRANTEE; WHEREAS, on the 12th day of December , 1980, the CITY OF COL- LEGE STATION and MUNZEL HOLDINGS, INCORPORATED, entered into an agreement granting to the CITY OF COLLEGE STATION an easement for electric transmission facilities ; WHEREAS, GRANTOR is now the owner of a tract of land lying and being situated in Brazos County, Texas, and being fifteen ( 15 ) acres out of the Morgan Rector League in Brazos County, Tex- as, more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes; WHEREAS, Grantee has requested of Grantor that the height restrictions in the original utility easement be amended to extend 74. 5 feet in height, instead of fifty feet ( 50 ' ) in height, and that the aerial easement be amended to provide that it shall be ( i ) thirteen feet ( 13 ' ) in width up to forty feet (40 ' ) above the ground, and (ii ) twenty-three feet (23 ' ) in width from forty feet (40 ' ) above the ground upward, as depicted in the diagram attached hereto as ExhibitB " for the purpose of avoiding overcrowding of lines within the easement areas; WHEREAS, GRANTOR desires the amendment of the original easement for the purpose of incorporating provisions addressing abandonment and indemnification; WHEREAS, GRANTEE, has used and intends to continue to use for sometime in the future, a portion of the said fifteen (15 ) acre tract for the following purposes : a. Access to the electrical power substation located to the rear of the said fifteen (15 ) ( ) acre tract . a /,f von 1089 Pa,F x_96 f4/6/ & icero-6 (or Pr /o P 24) 5 b. Continuing location and maintenance of the three ( 3 ) sets of electrical power transmission lines. c. "- Repair or replacement of any lines, poles, devices or equipment now in place with similar replacement items. WHEREAS, GRANTOR shall retain free and unrestricted use of the entire fifteen (15 ) acre tract, including that portion of the tract upon which the easements described below shall exist, pro- vided such use is consistent with the rights granted to the GRANTEE under the terms of this agreement ; WHEREAS, certain compensation has been paid to MUNZEL HOLD- INGS, INCORPORATED, for such past and future use of a portion of the fifteen (15 ) acre tract by the CITY OF COLLEGE STATION, TEX- AS; WHEREAS, GRANTEE agrees to pay GRANTOR One Thousand Dollars ( $1, 000) for attorneys fees incurred by GRANTOR in the amendment of this easement . NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, GRANTOR and GRANTEE agree as follows : SECTION I. EASEMENT FOR POWER LINES GRANTOR agrees to grant and convey the following easements to GRANTEE: 1. A utility easement measuring approximately 56 feet by 749. 93 feet, more particularly described by metes and bounds in Exhibit "C" attached hereto and incorporated herein for all pur- poses, which utilityeasement shall recite theem following ted uses and be restricted thereto: g permit- a. Continuing location and maintenance of the three (3 ) sets of electrical power transmissions lines which presently exist and are located on said property, in- cluding any existing equipment that extends into the aerial easement hereafter described . b. Repair or replacement of any lines, poles, devices or equipment now in place with similar replacement items . "Similar replacement items" shall include any items de- - 2 - m11389 NM 197 signed and installed to perform the same functions as the items they replace, whether or not the materials or 1°- their appearance are the same, provided that said terms shall not include the installation of utility poles ex- ceeding 74. 5 feet in height. c . Location and/or placement of additional lines or equip- ment on the existing poles (or their similar replace- ments) provided that there shall be no extension of the existing poles (or replacements ) above 74. 5 feet in height, and there shall be no additional cross-arms or other equipment extended eastward beyond the boundary of said easement and into the aerial easement except as hereinafter provided. 2. An aerial easement measuring (i ) 13 feet (13 ' ) in width by 749. 93 feet in length up to forty feet (40 ' ) above the ground, and (ii ) twenty-three feet23 ' ( ) in width by 749. 93 feet in length from forty feet (40 ' ) above the ground upward, more particularly described by metes and bounds in Exhibits "D" and "E" , respectively, attached hereto and incorporated herein for all purposes, which aerial easement recites the following restrictions upon use : a. Said aerial easement shall be appurtenant to the above referenced utility easement and shall be restricted in its use to the installation, service and maintenance of equipment placed upon said utility easement in accor- dance with its terms. ' b. Existing poles, cross-arms or other equipment mayex- tend into the aerial easement zone as a permitted use. Also a permitted use will be repairs and replacement of the same with similar equipment as that term is defined herein. c. Except for the equipment described in b (above) , said aerial easement shall be used for purposes of installa- tion, service and maintenance of lines, poles, devices or equipment permitted on the adjoining utility ease- VOL 1089 rg.,s 198 - 3 - ment only, and only temporary extension or location of persons, equipment, vehicles and their extensions, " etc. , into the air space above the tract described shall be allowed, for the purpose of such installation, service and maintenance . SECTION II . COMPENSATION GRANTEE, CITY OF COLLEGE STATION, has paid MUNZEL HOLDINGS, INCORPORATED, compensation for past and future use of the land as an easement. GRANTEE will pay to GRANTOR One Thousand Dollars ( $1, 000 ) for attorneys fees incurred by GRANTOR in the amendment of this easement . SECTION III . AGREEMENTS CONCERNING FUTURE USE OF REMAINING TRACT 1 . GRANTEE will leave the roadway in its present condition after its leasehold rights have terminated in accordance with this agreement. 2. GRANTEE agrees that the existing road will continue to have access to Highway 30 at the present juncture, until such time as traffic patterns or changes in the design or construction of Highway 30 make such access unsafe to the public in the judg- ment of the City Engineer . 3. The duration of the two easements herein granted shall be for so long as GRANTEE uses the two easements for the trans- mission of electricity. Upon a cessation of such use of the easements byGRANTEE, two its successors, legal representatives and assigns, for a period of two2 ( ) years, the two easements herein granted shall automatically terminate and revert to GRANTOR, heirs, legal representatives and assigns. his 4. GRANTEE agrees to furnish water for the through property g its water main located immediately to the north of High- wayh- way 30. GRANTOR will bear any expense of providing necessary conduit or pipeline from said water main to the in- cludingProperty,the cost of installing the same underneath the highway. provide 5. GRANTEE agrees toY electric utility service to the property from the rear ( south) . - 4 - 1081J PAGE 199 6. GRANTEE has provided access to the municipal sanitary sewer system located approximately 1, 284 feet from the southwest corner o , the fifteen (15 ) acre tract. The expense of installing a sewerline from the property to said access point has been borne by MUNZEL HOLDINGS, INCORPORATED. City has granted and conveyed an easement for such sewerline, through the parcel of property described in a deed recorded in Volume 389, Page 28, of the Deed Records of Brazos County, Texas. 7. GRANTEE agrees to indemnify and hold harmless GRANTOR, his heirs, legal representatives and assigns, from and against all losses, claims, demands or causes of action of whatsoever na- ture, for damage to property or injury to or death of persons, including but not limited to court costs and attorneys fees, in- cident to, resulting from or arising out of GRANTEE 'S exercise of the rights herein granted to GRANTEE. EXECUTED in multiple originals this the AVP day of �Ae bam-, 1988. CITY OF OLL •E ATION �,1 I _ BY: ✓� / City • 11W Ati r - Maier WV L R, J' ATTEST; i�� e. City 41,1070x,y- • STATE OF TEXAS ) COUNTY OF HARRIS ) a Before me, the undersigned authority, appeared RAYMOND S. LISTER, JR. , on tohbe day personally whose name is subscribed to the foregoing instrument, and known to me be the person ac- knowledged to me that he executed the same for the purposes consideration therein expressed, in the capacity therein stated. P poses and Given under my hand and seal of office on this the of �� �� , 1988. ^�L _ day /l ti A ti Notary Publ c in an. or the State Nf Texas Printed Name: • My Comm. Exp. : (')d\]�5r. VOL 1089 PAT:200 5 STATE OF TEXAS COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared RON RAGLAND, City Manager of the CITY OF COLLEGE STA- TION, TEAS, a Home Rule Municipal Corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed , in the capacity therein stated and as the act and deed of said cor- poration. Given under my hand and seal of office on this the C5"), day of . . c41-74- , 1988. 411 / kota .y Public in and for, he tate of Tex s Printed Name: 3,g1JLS ScAkv,4€rz., My Comm. Exp. : - 6 - m1.089 PAC':201 Exhibit "A" pM All that certain tract or parcel of land lying and being situated in Brazos County , Texas , and being 15 , 00 acres of land out of the MORGAN RECTOR LEAGUE in Brazos County , Texas , and being a part of that tract of land conveyed to Brazos Commonwealth No. 1 , Limited by Leon W. Stasney and wife , Grace Brown Stasney , in deed dated July 16 , 1971 , and recorded in Volume 206 , page 133 of th.e Deed • Records of Brazos County , Texas , and being more particularly des- cribed by metes and bounds as follows : COMMENCING at the intersection of the southeast right-of-way line of State Highway No. 30 and the southwest right-of-way line of State Highway No. 6 (By-pass East) ; • THENCE S 45° 44 ' 00" W, 1678 . 16 feet along the southeasterly righ of-way of State Highway No. 30 of the POINT OF BEGINNING and th.e northeast corner of the tract described herein; THENCE S 44° 16 ' 00" E , 755 . 23 feet to a point for the southeast corner of the tract described herein; THENCE S 45° 05 ' 04" W, 866 . 48 feet to a point for the southwest corner of the tract described herein; THENCE N 44 ° 32 ' 13" W, 749 . 93 feet to a point in the southeaster right-of-way line of State Highway No . 30 for the Northwest corne of the tract described herein; THENCE N 45° 44 ' 00" E , along the southeasterly right-of-way of State Highway No. 30 , 870 . 00 feet to the POINT OF BEGINNING, and containing 15 . 00 acres of land, more or less , And being the same property conveyed by John A. Bond, Trustee to Boswell Porter by Deed dated April 30 , 1974 , recorded in Volume 327 , page 175 , Deed Records of Brazos County, Texas . • 1 Ci 32 « 2, • i2 ? -77.6-5- . 77.6 S ? 2. /vo 52075' �.o • VOL 1189 PAGE 202 •r �----------— 4 0' -------- . --. F A EN Bosc,c S,rc or,Tbn 0444F 44Qw4s 4niRC.M 4t,D4 P o 0 I usriiuL 2 � � AErtiE_L GA9CMC_+r� r P 1 � _ I r.„, . > w rn r- PI I -- — '1-- — co. —•— —L _ _,— 1......"I-L EX IS TM,6PC4/01/0 EA)MCN PocCa 5 1 t - ,.�. D I I I . 1 w • ., , 4D D D 2 Er nu 45'4 D Ulm IT •6% o , 2 Z .4 14 • D D L`vNTVA/ 45'/$cE _ I 4 . ,D 1 -- b--- — D D D1 �I L ID. • m `t4., r r §g. 17.,/1 %� i �` I o J , oc;cZ, ly Q " s ' 1 I' Kz Dg �" o A 3 g _r 9 Ern LA Fp Xhibit "B" 1� �� I 0 VOL 1U89 parr 203 i'' ''ill' � '; • LEGAL DESCRIPTION .: l ; 1 }t' i ill�F Y, C,. 1All that certain tract orparcel of land lying and beingsituated �; ;r Y g,F:°; in the Morgan Rector League of Brazos County, Texas , and being i;' .. a 0.96 acre tract or parcel of land out of the Munzel Holdings • ,�, Inc. Tract as recorded in Volume 356, Page 501 of the Deed Records ;;�a ; of .Brazos County, Texas, said tract of land being described more- '`"` over as follows ; • ! Commencing from the intersection of the southeast. right-of-way line I of State Highway 30 and the southwest right-of-Way line, of State '.y' ; Highway 6 East By-pass S 45°44' 00" W 2,548. 16 feet among the• south• • ' east right-of-way;4. ght-of-wa line of State Highway 30 to a point and PLACE OF .; i? BEGINNING, said point also being the northwest corner of the above mentioned tract and the tract being described, • THENCE S 44°32' 13" E 749. 93 feet to a point and the southwest corn( of the above mentioned tract; • , THENCE N 45905' 04" E 56. 00 feet to a point for a corner, I i . ( TEHNCE N 44032' 13" W 749.30 feet to a point and corner being locatE in the southeast right-of-way line of State Highway 30, , THENCE S 45°44' 00" W 56. 00 fe'e't to a point and PLACE OF BEGINNING I and containing 0. 96 acres of land more or less. •. • • •I • . •t ; I 1 i I. • 4 f � ,1 .lr �� 1•. 24 o 1 • Exhibit "C" • • • • • VOL 1089 PAGE 204 l/ n • • LEGAL DESCRIPTION . ,All that certain tract or parcel of land lying and being situated °:in the Morgan Rector League of Brazos County, Texas, and being a 0.22 acre tract or parcel of land out of the Munzel Holdings Inc. Tract as recorded in Volume 356, Page 501 of the Deed Records of Brazos County, Texas , said tract of land being described more- over as follows : • Commencing from the intersection of the southeast right-of-way line of State Highway 30 and the southwest right-of-way line of State Highway 6 East By-pass S 45044' 00" W 2492.16 feet along the southeast right-of-way line of State Highway 30 to a point and • PLACE OF BEGINNING, said point lying N 45044' 00" E 56.00 feet from ' the northwest corner of the above mentioned tract , THENCE S 44°32' 13" E 749.30 feet to a point for a corner, THENCE N 45°05' 04" E 13. 00 feet to a point for a corner, THENCE N 44°32' 13" W 749. 15 feet to a point and corner being lo- cated in the southeast right-of-way line of State Highway 30, • •N • THENCE S 45°44' 00" W 13. 00 feet to a point and PLACE OF BEGINNING, and containing 0.22 acres of land more or less , • • 43e..:"tt/ 6,,,4,1 CLe4.� et. Cl/h:<.-y1C/:' ise / D /2/oafjc Z�L EXHIBIT "D" c•: t • ♦T, i•: t'. is 44`! VOL 1089 pAGr 205 JOE ORR, INC. • Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION, TEXAS 77840 Proposed 23 ' Aerial Easemetlt Post Oak Square Morgan Rector League College Station, Texas 14 September 1988 10 All that certaintract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas , being a part of that 15. 027 acre tract conveyed to Raymond S . Lister, Jr. by Munzel Holdings , Incorporated by deed recorded in Volume 525 , Page 613 of the Deed Records of Brazos County , Texas , and being more particularly described as follows : Beginning in the southeast line of the said Lister tract, N 46° 06 ' 24" E - 56 . 00 feet from an iron rod found at the south corner of the said Lister tract. Thence N 44° 32 ' 13" W - 750 . 32 feet through the said Lister tract, parallel to and 53 ' from the southwest line of same , to the southeast line of State Highway No. 30; Thence N 45° 43 ' 12" E - . 23 . 00 feet along the southeast line of State Highway No. 30; Thence S 44° 32 ' 13" E - 750 . 46 feet through the said Lister tract, parallel to and 79 ' from the southwest line of same , to the southeast line of the said Lister tract; Thence S 46° 06 ' 24" W - 23 . 00 feet along the southeast -line of the said Lister tract to the Point of Beginning. Of' 0.0-‘' 4 p �, 7 L. yz.,.. .47a...-Le-4c_ r 1.. . ••, •••• + 2-0 2 • ....•.....,.........., . D7t DAVID ...:..., — d YO e e o •0�r ..ie. -ams !/�� /)moi -2 Q . </'. .. L./s-i. �'si.iRv • ryr- -• 7 • *tom Z 3 rt: Exhibit "E" VOL 1089?AGF 206 a %, , \ ��\ / V ,v/ 4 �v -,A , ' t r'' t, '. b c:y„ a, 4",, k rn 4 N/ / U 1 % ,, N 0 x rn m r L ''s `,' '-d Z - .-- , o 4 4 ''N,, ,. , . o . .7,c ,, Pte+ "\ 4 ,, , O (\ iN1 5 P Q o N, -To: