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1989V1096P741 l ' (11 9 208 3� n UTILITY EASEMENT. �9u� JAi! t n1 �: 47 (Specific Property) ' STATE OF TEXAS ) / � KNOW ALL MEN BY THESE PRESENTS: / . COUNTY OF BRAZOS ) That, FOSSIL MOUND CORPORATION, a Texas Corporation, and W.D. FITCH, Individually, GRANTORS, 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 GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged , have GRANTED, SOLD and CONVEYED and by these presents do 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 described property: All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of those tracts conveyed to W.D. Fitch by deed recorded in Volume 542, Page 526 of the Deed Records of Brazos County, Texas, and by deeds recorded in Volume 779, Page 583 and Volume 1040 , Page 240 of the Official Records of Brazos County, Texas, and also a part of that tract conveyed to Fossil Mound Corporation by deed recorded in Volume 1059, Page 214 of the Official Rec- ords of Brazos County, Texas; provided , however, that this conveyance shall grant the rights herein specified only as to that property more particularly describedby of the aboveitcen- terlinedescribed on the attached Exhibit "A" known couas the se, "Easement, and Area" , and any additional area outside the easementarea neces- sary to install and attach equipment, guy wires, and anchors ne- cessary and incident to the uses of the Easement Area.To erect, construct, install , and thereafter use, operate, - spect, repair, maintain, reconstruct, modify, and re in move the fol- lowing: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, Storm sewers and collection facilities;; equipment; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said ways,pstreets, roads, Property as herein described and any acontrol the or alleys abutting same; and to cut, growth of trees and other vegetation on andtinm the easement area or on adjoining might interfere with or threaten the°operatperty ionf and maintenance any public utilitye GRANTORS, which understood agreed that accessoriestisof placeddroupon andaid ' or operations. It property y and all equipment and facilities P y shall remain the property of GRANTEE. GRANTORS expressly subordinate all rights of surface to the mineral estate to the above described uses of by GRANTEE, and agrees to lender' s subordinations use incident GRANTEE upon re said surface quest. on behalf of VOL 1O96 r 741 - 1 _ • It is expressly understood that the GRANTORS 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. 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 GRANTORS do hereby bind themselves, their successors 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. n t_ EXECUTED this _V day of .J -akiv V av 190y FOSSIL MOUND CORPORATION BY: W.D. FI CH+ President 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 ackno ledged before me on the /� V � , 19� TI day of Fossil Mound Corporation, a , by W.D. FITCH, as President of corporation. p Texas Corporation, on behalf of said 110.6 I __ BEVERLY K. EVANS E04.j1 A . ; Notary Public, State S Notary Public in and '' texas for My Commi slon Expires 5•�^ the State of T E X A S 9. 5 Printed Name: ufe.frk k EVa ras �- -- -3 My Comm. Exp. : STATE OF TEXAS ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the /C4/� �Gnuar 19 day of rP9 , by W.D. FITCH. kdiGAY ' ' .- LE E. H,^'!.�Y S Notary ubl is in and r ), Notary Public, ;+2,.e the State of TEXAS :..y .. F T•.�� Printed ;Xp�rPs _5 92 S M r i P. Name: �Q y le C- Y Comm. Ex My Commission , VOL 1096 PAGE 742 - 2 - JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION, TEXAS 77840 Proposed 30' Utility Easement Southwood Forest Phase Three College Station, Texas 22 December 1988 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of those tracts conveyed to W.D. Fitch by deed recorded in Volume 542, Page 526 of the Deed Records of Brazos County, Texas, and by deeds recorded in Volume 779, Page 683 and Volume 1040, Page .240 of the Official Records of Brazos County, Texas, and also a part of that tract conveyed to Fossil Mound Corporation by deed recorded in Volume 1059, Page 214 of the Official Records of Brazos Coun- ty, Texas, and being more particularly described as follows: Beginning at an iron rod in the southwest line of Rio Grande Boulevard, S 48° 66' 00" E - 1020.92 feet from the most easterly corner of Southwood Forest Phase One addition to the City of College Station, Texas, according to plat of record in Volume 969, Page 631 of the Official Records of Brazos County, Texas. Thence through the said W.D. Fitch tract and the said Fossil Mound Corporation tract as follows: or p tion S 1° 35' 00" E - 728.39 feet to an iron S 67• 08' 07" W - 768.31 feet to an iron rod at the most southerly the said Fossil Mound Corporation tract in the southwest line of the said Fitch tract; corner of W.D. Thence S 49° 14' 63" E - 31.27 feet along the southwest line of the said W.D. Fitch tract to .an iron rod; • Thence through the said W.D. Fitch tract as follows: N 67° 08' 07" E - 776.37 feet to an angle ' g point; N 1 36 00" W - 717.63 feet to the southwest line of Rio Grande Thence N 4g• 66' Boulevard; Boulevard to the Pont of Beginnin40.79 g along the southwest line of Rio Grande less. g and containing 1.03 acres of land more or Exhibit "A.. ` . VOL 1Qjs743