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1989V1104P900 REC E D) MAR 0 9 ++:i .�`� UTILITY EASEMENT (Specific Property) f J ti7,R -? r:1 3: 22 STATE OF TEXAS ) r i// / KNOW ALL MEN BY THE ' NTS: :, COUNTY OF BRAZOS) That, CONTINENTAL REAL ESTATE PARTNERS, LTD. , a Limited Partnership organized under the laws of the Commonwealth of Massachusetts (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 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 (GRANTEE) certain rights and interests in the nature of a perpetual non- exclusive EASEMENT on and through the following described property: All that certain tract or' parcel of land lying and being situated in the Rich'a(rd , Carter League in College Station Brazos County, "�' • ' Texas, be,ing:.a. part,.:of Reserve "B" and Reserve "C" of Pla.ntat:ion 'Oaks section one addition to the City of College' Station; Texas, according to the plat of record in Volume 311, Page 179 of the Deed Records of Brazos County, Texas, which is also that 18 . 782 acre tract conveyed to Continental Real Estate Partners, LTD. , by. deed rec.orded. in Volume 333, Page 511 of the Deed Record's. 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 centerline on the attached Exhibit course, width, and Area" . "A", known as the "Easement Under this conveyance this Grantee shall have the right to er construct, install, and thereafter use, operate, inspect, re air, pr, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; upon, over, and across the easement area and to cut, trim and control the growth of trees and other vegetation on and in the easement arca which might interfere with or threw operation and maintenance of any threaten the accessories, or operations, public utility equipment, and all equipment and facilities placed understood and agreed that any placed upon said property shall remain the property of GRANTEE. :10•I l,:r 9th ri if 1 GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface of the easement area by GRANTEE, and agrees that any interest given by Grantor to a lender shall be subordinate to this Easement, and that foreclosure of any mortgage or deed of trust covering the easement area shall not terminate this Easement. It is expressly understood that the GRANTOR retains full fee title and use of the easement area subject to the use allowed by this easement. . The Grantee agrees to indemnify and hold harmless Grantor and its successors and assigns from any liability, claim, damage or expense of any kind or nature which may occur or arise against the Grantor, or its successors and assigns, as a result of the Grantee's use or operation of the easement area. This indemnification is intended to cover any and all claims which may arise or result from the granting of or use or operation of this easement, of whatever kind or nature. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, TEXAS, and its successors and assigns, against every person whomsoever lawfully claimin any part thereof i.�'� g, or to claim same, or EXECUTED this / day of 1988 . CONTINENTAL REAL ESTATE PARTNERS, LTD. A Limited Partnership organized under the laws of the Commonwealth of Massachusetts By: APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF - ���d,�. COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged r ► • e�� day 1988, by • of CONTINENTAL RE ' ESTATE Ph_ as TNE RS,LTD. , a Limited Partnership oz . der the laws of the of Massachusetts, on behalf of saidmitedpartnership, 3101.P47.-940, ,li Zej Notary ublic ih and for the State of Michigan Printed Name: S 4 C. t4n/ie My Commission Expires : G /: � - ii •r I ( ) 1: URI\ . 1N �- - . .„„t e•,n:• ,`. /::e•.,,r,r n�,,: lI,•n,•� :;iil p • I Proposed Earement Continental Real [:staid.' Partners , LTD .. Tract Richard Carter League College Station , Texas 16 November 1987 • • All that certaintract or parcel of land lying and i:•.. : I: :1 situated in the Richard i-11. r League in College Station . B 'n ;iL; County ,Team , • b. i ;< i of Reserve "B" and Reserve "C" ci Plantation Oaks section, one addition to the City of College Station, Texas , according to q pJ.at of record in Volume 311 Pageee Records of :)L'il'LOLi County , � .17C� ,), •,, r Y , Texas , which is also that " " aced tract co::veyed to Continental. Real /t '= recordedin %.�t;, r,• � acre Volume 333 , Esta ..:- I artn��rs ' Page 511 of the Deed Rec,�r. _ ':. County, Texas , and being more particularly 't '- 'azul L'ly described Beginning at an iron rod found at northwest right-of-way line of Statethe intersection of northeast linethe of Rhett Butler Drive at tthe Highway south 30 and the said 18 . 782 acre tract , the corner of the Thence N 42° 26 , 42" E _ he Ni42 of State Highway1175 . 26 feet along the northwest right- of-wayintersection of the northwest Nright-of-way0 an iron orod found i the No. 30 and the southwest line of State Highway the most easterly cornerhwofne of Scarlet O' Hara Drive which is Partners , LTDthe said Continental Real Estate tract ; Thence N 47° 33 ' 18„ w - x.� Scarlet O ' Hara Drive; 5 , 00 feet along the �outhwc �r line_ Of Thence S 42° 26 ' 42" W - Tthe 42° 26 ' 1175 . 26 feet fromt onortheast northwest right-of-way parallel to and No . ft line of Rhett Butler Drive; of State Highway 30 to Drive; Thence S 470 33 , 18 " E _ Thetn Butler Drive Point25. 000 feet alonget, to the the northeast line of Beginning. • G, � • Exhibit "A" ;,,, o 11.(i d O