Loading...
1989V1130P761 ' r UTILITY EASEMENT (Specific Property) II 1 p STATE OF TEXAS § g3ea5c § KNOW ALL MEN BY THESE PR� ��i�" COUNTY OF BRAZOS § • That,LODGECO PROPERTIES,LTD.,a Texas Limited Partnership(formerly Investments, Ltd., a Texas Corporation), acting by and through LEONARD M. ROSS, Trustee, a General Partner, GRANTOR, of the County of Brazos, State of Texas, for and;in consideration of the payment of TEN AND NO/100 DOLLARS ($10.00), and other'gbdd'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, certain rights and interests in the nature of a perpetual EASEMENT on and through the following described property: All that certain 0.08 acre (3456 square foot) tract or parcel of land, lying and being situated in the J.E. Scott League, Abstract No. 50, College Station, Brazos County, Texas, being a 20 foot wide utility easement, and being a portion out of that same 6.584 acre tract conveyed from Federal Deposit Insurance Corporation to Investments, Ltd., as described by deed recorded in VOLUME 1072, PAGE 578, of the Official Records of Brazos County, Texas, more particularly described by metes and bounds in EXHIBITA which is attached hereto and incorporated by reference herein. To erect, construct, install, and thereafter use, operate, inspect, re air reconstruct, modify, and remove the following: P , maintain, Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facili ' es, and related equipment; ti Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage stru and subsurface; g ctures, surface EASEMENT P:\D4\ROSS\EASEMENT PAGE 1 v0: 1130pAsE- 761 6o ' .r. • • upon, over, and across said property as herein described and any streets or roads 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 Owner of this property reserves the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its 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 everyerson whomsoever lawfully claiming, or to claim same or anp and under it, but not otherwise. Y part thereof, by, through, EXECUTED this /7 day of u 1989. LODGECO PROPERTIES, LTD. A Texas Limited Partnership (Formerly, Invest • - •ts, Ltd.) BY • '• • RD M. ROSS, Trustee APPROVED AS TO FORM. General Partner THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-S :MISSION FOR APPROVAL. co EASEMENT P:\D4\ROSS\EASEMENT PAGE 2 VOL 1130 PAGE 762 • (ACKNOWLEDGMENT) STATE OF TEXAS § COUNTY OF BRAZOS § Before me, the undersigned authority on this day personally appeared LEONARD M. ROSS, Trustee, a General Partner of the partnership of LODGECO PROPERTIES, INC., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of LODGECO PROPERTIES,INC.,a Texas Limited Partnership,and that he executed the same as its General Partner and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. Given under my hand and seal of office on this day of J4 1989. 0 p C;i^,,, E.3 r1 E 1�3 Not.ryPublic, State of Texas Printed Nam h y cu.,; . h,. a;>>;; z,, 1ssz e of Notary "'" — w�. My Commission Expires: EASEMENT P:\D4\ROSS\EASEMENT PAGE 3 V0:. 1i 36F 'AS 763 it r EXHIBIT A KIM AND SOUNDS DIlCRIPT10N 0.00 ACRE 6TRACT GTA (A 20' WIDE UTILITY SENT J. S. SCOTT LZACVI ' WRAC? NO. 50 COLLECT STATION IRAZOS COUNTY, TEXAS McCet and bounds description of all that foot) tract parcel of certain mow, 'A'batrso"r parcel land, lying and bei 0.08 acre (3456 square wide ,Alen ' College Station, Brazos situated Tex to the g E. Scott Y easemont, and being County, Texas, being i 20 'root conveyed from Federal Depositg • portion out of that same 6.584 acre tract described by deed recorded Insurance Corporation to Iaveetmente, Ltd., as Brazos County,bin VOLUME 1072, PAGE 578, of the Official Records 3razovs; Texas, said 0.08 sere tract being more particularly Y described as COMMENCING ata 1" diameter drill hole in a concrete the moat southern asst corner of said 6.584 acre tractwand 1 in minkthe northwest right-of-way line of University Drive. Y g the lite to NCY S 450 13' 36" W for a distance of 44.43 fee a point for the PLACE OP BEG MSC t with said right-of-way NCE 8 45° 13' 36" it for a distance of 21.83 fee line to a point for corner. t with said right-of-way TRBI�CE N 21°° 08' 46„ acre TR NCE a 1° t for angle, said a distance of 531.53 toes across said 6.3$4 structure. id point being in the Nall of an existing T EDiCE N 45o 18' 01" a.point E for d 4 . nor cor5er. latents of 91 feat with said wall line to Z'HENCEN44041' S9" w for a distance of 11.27 fast with saidl • '• • wall line to + point or singlet. THENCE N ENCE 21° 08' 46" W for tract RtC pint f08 a distance of 14.76 fest across said 6.584 corner. THENCE N 68° S1, 14" scre E for a distance of 20.00 feet to a THENCg S 210 08' 46n point for corner. the PL pr ° 08' E fora distance of 169.83 fee Bore or leas and containing t across said tract to S 0.08 acres (3484 square feet) of land June 1989 VOL 1120 PAS!: 764