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1989V1096P739 . 2Q 7S e5 1959 JA ! JW (Specific Property) c (' �f? UTILITY EASEMENT STATE OF TEXAS ) tI / �� KNOW ALL MEN BY TH1�SE PRESE T COUNTY OF BRAZOS ) That, AREA PROGRESS 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 considera- tion, 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 per- petual EASEMENT on and through the following described property; DESCRIPTION of the centerline of an 80.00 foot wide public utility easement across a 103 .8 acre tract of land con- veyed to Area Progress Corporation from Southwood Valley, Incorporated , by Deed dated March 28, 1985, and recorded in Volume 778 , Page 71 of the Deed Records of Brazos County, Texas, said 80 .00 foot wide easement being comprised of a 70. 00 foot wide parcel of land in the align- ment of the proposed extension of Welsh Avenue and a 10 .00 foot tract of land to remain as a public utility easement, the centerline of said 80 .00 foot wide pub- lic utility easement being further described as follows : COMMENCING at the most easterly corner of Southwood Valley, Section 24-A, a subdivision of College Station, Brazos County, Texas, as recorded in Volume 805, Page 221 , of the Deed Records of Brazos County, Texas, same being out of the said 103 .8 acre tract; THENCE North 42 degrees 08 ' 25" East, a distance of 30. 00 feet to the POINT OF BEGINNING of the herein described cen- terline of said 80. 00 foot wide public utility easement; THENCE South 47 degrees 51 ' 35" East, a distance of 676.0 feet to the POINT OF ENDING of the herein described center- line of said 80.00 foot wide public utility easement, said point lying in the southeast line of said 103 .8 acre tract, said easement to remain in effect until such time as the northeasterly 70. 00 feet of said 80. 00 foot easement becomes a part of the dedicated right-of-way of Welsh Avenue. Provided, however, that this conveyance shall herein specified and any additional area outside the easement grant the rights area necessary to install and attach equipment res, and anchors necessaryyw and incident to the uses of theEasementArea. To erect, construct, install, inspect, repair, maintain, reconstruct, opre , following; - modify, and remmoovve the 1 VOL 096.'1nE' 739 Eenf , '�rJ Street right-of-way and street; 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 Owners of this property reserve the right to use this EASEMENT for all - poses which do not interfere with or prevent its use by the p r GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described un- to the CITY OF COLLEGE STATION togn , CTYvr , TEXAS, and its successors and as- and GRANTOR does hereby bind itself, its succes- sors and assigns, to warrant and forever defend singu- lar, these rights and interests unto the CITY OF TEXAS, and its successors and assigns, against / all and sEXASr lawfullyCOLLEGE STATION, claiming, or to claim same, every person thereof. EXECUTED this 41fiu1or any part thereof. day of J,,;�n,.,-,,.,� 19'x"1 . AREA PROGRESS CORPORATION BY: �li W.D. FITCH APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was rowledged before me on the N -677- PROGRESS CO , by W.D. FITCH, as of sday of RPORATION, on behalf ARES l or 0 aid corporation. 41 / €CCI1U,C1) iU( a`r. ' x �` ' . . S 5 Notary Pub '' in andfor ) •1s 4 the State fC di/ Co�t:i;i r; E X A �;� Cx;rres ,,-::� j Printed Name:D€.IQ.x-1 S My Comm. Exp. : k. 6.Vin ,_ •• VOL1090 Pa,E 740 2 —