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1990V1162P613 439113 RIGHT-OF-WAY (4)24-4. MADE, this jl1Ci day of 0/1[1.41/1 , 19* , between HALDEC, INC. , a Texas Corporation (hereinafter called "GRANTOR" ) and the CITY OF COLLEGE STATION, a Texas Municipal Corporation , Brazos County, Texas (hereinafter called "GRANTEE" ) ; WITNESSET H: That for and in consideration of the sum of Ten and no/100 Dollars ($10 .00 ) to it paid , the receipt thereof is hereby ac- knowledged , the GRANTOR hereby GRANTS , SELLS and CONVEYS the property hereinafter described to the GRANTEE, a perpetual easement, hereinafter right-of-way, for public utilities and a street, and the GRANTEE shall have the right to construct, use, operate , inspect, repair, maintain , reconstruct , modify, and maintain such a street, and further may construct, operate, and maintain underground electric transmission and distribution lines, sanitary sewer lines, connecting lines, access facilities, storm sewers , collection facilities , television , telephone and communications lines on, over, across, and under that portion of GRANTOR 'S property described as follows : All that certain tract or parcel of land ly- ing and being situated in the Morgan Rector League in College Station , Brazos County, Texas, being a part of the 300 acre tract conveyed to Haldec , Inc . , by deed recorded in Volume 394 , Page 766 of the Deed Records of Brazos County, Texas , and being more particu- larly 'described as follows : BEGINNING at an iron rod found at the most southerly corner of Lot 3 In Emerald Forest Phase One additions tolthei of College Station, Texas, laty accordi of record in Volume 422 , ng to plat Records of Brazos County,Page sTexas. of the Deed •. THENCE along the arc of a curve (R=1404 . 00 ' tothe right through a central angle of 10° 01 ' 29 " , the chord of which bears N 84 ° 39 ' 15" W - 245 . 34 feet, to an iron rod set at the end of said curve; f THENCE N 79° iron rod set at t 11 36 ' 78 feet to an the beginningpi/F(/(.4.)7the left (R=1045. 00 ) ; of a curve to �/ C irY2.G j „ ,> VOL•/ 'f e a'�.r �r L. ,,,� !/r •r, 9 / C�r-' ,,:' /C. UG:� �iL - L C. / i.V �. „� 1162 PAGE 6 /l'1 c9 ^—4 a c rt Jj / ���� F"�/ r- .�¢� 7e) --cam l., rt. . //�z!1.' y ` iy;' '�c. /��- � �' iii - �e r _, _ • THENCE along the arc of said curve through a central angle of 5° 35 ' 15" to an iron rod set at the end of said curve; THENCE N 85° 13 ' 45" W - 131 . 03 feet to an iron rod set at an angle point; THENCE N 81 ° 24 ' 54" W - 266. 42 feet to an iron rod set at an angle point; THENCE N 42° 18 ' 36" W - 37. 92 feet to an iron rod set in the northeast right-of-way line of State Highway No. 6; THENCE S 1 ° 53 ' 31 " E - 214 . 06 feet along said northeast right-of-way line to an iron rod set; THENCE N 88° 06 ' 29" E - 0.68 feet to an iron rod set at the beginning of a curve to the left (R=25 ' ) in the existing north right-of- way line of Emerald Parkway; THENCE along the arc of said curve through a central angle of 90 ° , the chord of which bears S 46° 51 ' 17" E - 35 .36 feet to an iron rod set at the end of said curve; THENCE N 88° 08 ' 43" E - 75.00 feet to an iron rod set at the beginning of a curve to the left (R=748. 39 ' ) in the existing north right-of-way of Emerald Parkway; THEN along the arc of said curve through a central angle of 14 ° 38 ' 29" to an iron rod set at the end of said curve; THENCE N 73 ° 30 ' 14" E - 85. 00 feet continu- ing along the existing north right-of-way of Emerald Parkway to an iron rod set at the beginning of a curve to the right (R=718 . 98 ' ) ; THENCE along the arc of said curve through a central angle of 16° 31 ' 00" to an iron rod found at the end of said curve; THENCE S 89° 58 ' 46" E - 222. 09 feet continu- ing along the existing northwest right-of-way line of Emerald Parkway to an iron rod set in the northwest line of Emerald Forest; THENCE N 7° 15 ' 37" W - 30. 27 feet along the southwest line of Emerald Forest to the Point of Beginning and containing 1 . 99 acres of land more or less. 1 . GRANTOR grants to GRANTEE the right of ingress and egress over GRANTOR'S adjacent lands to or from said easement for the purpose of inspecting, maintaining, constructing, recon- structing, repairing, operating, and/or removing said public utility systems and/or public street and any or all fixtures and appurtenances thereto; the right to cut or trim trees and foliage, other q , _roots, brush and other obstructions within or along the VOL 1 t62Pacf 614 - 2 4 easement, to the extent, in the sole reasonable judgment of GRANTEE, as may be necessary to prevent possible interference with the operation of said facilities and/or equipment or to remove possible hazards thereto. 2. GRANTOR further covenants and agrees that no part of improvements constructed , erected or placed on said land by GRANTEE shall be or become or be considered as being affixed to or a part of said property and that all improvements of every kind and nature constructed , erected or placed on said land or any part thereof by GRANTEE or its licensee, shall remain the property of the GRANTEE. 3 . GRANTEE shall repair any damage to and/or restore the GRANTOR'S property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement. 4. GRANTEE further covenants and agrees to provide GRANTOR with fill dirt from the property immediately adjacent to the easement area. 5. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and shall provide sublender ' s subordina- tions. HALDEC, INC. BY: /i _ ALLEN SWOBODA, -Pres t - APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUB ISSION FOR APPROVAL. ifie41116.' •ie4 STATE OF TEXAS COUNTY OF BRAZOS ) This instrument was acknowledged before me on the ',CA da y of Haldec 2 ( , 1990, by ALLEN SWOBODA as Presid`of Inc. , a Texas Corporation, on behalf of said Corporation. 3 t; < LINDAf•n ' ^.'i ' ) f% N rio.>>ry Fuc,; . s ' ary Publ i to rex..s h i . and for °ika ,,,:?c'' My Commission xplre 3 L the State of. Te., as �'� S Printed Name: My Comm. - 3 - VOL 11&2pAcr 615