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1990V1164P93 RECEIVED JAN 3 0 1339 3 , .) LV5°10) UTILITY EASEMENT (Specific Property) 6/9edy STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS ) That, LYDIA FRANCES BORISKIE, a widow, 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: All that certain 0. 393 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, being a portion out of the 139. 20 acre remainder of that same 438. 0 acre tract conveyed from J.M. Boriskie to V.J. Boriskie by deeds recorded in VOLUME 47, PAGE 499, VOLUME 136, PAGE 359; and VOLUME 152, PAGE 608 of the Deed Records of Brazos County, Texas, and being also a portion of that same 13. 17 acre ground lease tract described in VOLUME 369, PAGE 318 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall herein specified only as to that grant the rights tthe aove property more particularly described byncourse, width Band reen- terline on the attached Exhibit "A" Area", and an known as the "Easement sary to yl and additional area outside the easement area neces- necessarynandlincidentttohtheequipment, guy wires, andanchors the Easement Area. To erect, construct, install , and thereafter use, o spect, repair, maintain, reconstruct, Aerate, in- lowing: modify, and remove the fol- Electric transmission and distribution lines; 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 any public utility equipment, accessories or operations. sof understood and agreed that any and all equipment and facilitis is placed upon said property shall remain the property of GRANTEE.e. GRANTOR expressly subordinates all rights to the mineral estate to the above described uses a ce of sus aidlsurface by GRANTEE, and agrees to lender 's subordinations on behalf of GRANTEE upon request. ace It is expressly understood that the GRANTOR or future Owner this property reserves the right to use this EASEMENT for purposes which do not interfere with or of GRANTEE. all prevent its use by the TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, assigns, forever, and GRANTOR does hereby and bindts hersel , her nd f, her - 1 - von11f4r, 93 heirs and administrators, 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. EXECUTED this 2Z'- day of 1990. 7-DIA FRAN ES BORISK E APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-S BM SSION FOR APPROVAL. a STATE OF TEXAS * COUNTY OF BRAZOS * ACKNOWLEDGMENT This instrument was acknowledged before me, on the c?a."� day of ---�--- , 1990 , by Lydia Frances Boriskie. Nota y Public in—and for --- the State of Texas Printed Name: Xpere EAKCE My Comm. Exp. : os-- a3 -23 93 vo; 1 114 PASS 94 - 2 - METES AND BOUNDS DESCRIPTION OF A 0.393 ACRE TRACT (A 20' WIDE ELECTRIC EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.393 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, being a portion out of the 139.20 acre remainder of that same 438.0 acre tract conveyed from J. M. Boriskie to V. J. Boriskie by deeds recorded in VOLUME 47, PAGE 499; VOLUME; 136, PAGE 359; and VOLUME 152, PAGE 608 of the Deed Records of Brazos County, Texas, and being also a portion of that same 13.17 acre ground lease tract described in VOLUME 369, PAGE 318 of the Deed Records of Brazos County, Texas, said 0.393 acre tract being more particularly described as follows: COMMENCING at a railroad cross-tie fence post found marking the south corner of said 13.17 acre ground lease tract, and lying in the northeast right- of-way line of Texas State Highway No. 6 East By-Pass. THENCE N 32° 02' 39" W for a distance of 16.12 feet with said right-of-way line to a point for the PLACE OF BEGINNING. THENCE N 32° 02' 39" W for a distance of 20.73 feet with said right-of-way line to a point for corner. • THENCEV`N 42° 43' 22" E for a distance of 743.31 feet across said 13.17 acre tract to a point for corner. THENCE N 45° 36' 53" W for a distance of 89.53 feet to a point for corner. THENCE N 43° 07' 33" E for a distance of 20.00 feet to a point for corner. THENCE S 45° 36' 53" E for a distance of 109.40 feet to a point for corner. THENCE VS 42° 43' 22" W for. a distance of 768:18 feet to the PLACE OF BEGINNING, and containing 0.393 acres of land, more dr less. January 1990 • Municipal Development Group College Station, Texas EXHIBIT A X0: 1114 PA ! 95