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1990V1176P152 FILED FOR RECORD Z go-- 4 4 w 7'C){j DATE CJ ATp t1I\ r( UTILITY EASEMENT ISNIE (Specific Property) BY C4101: EaK STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, BILLY W. SHARP, 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, 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 Morgan Rector League in College Station, Brazos County, Texas, being a part of Lot 5 of Lakeview Acres addition to the City of College Station , Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brazos County, Texas, being a part of that tract conveyed to Theo Klug , et ux , by deed recorded in Volume 173, Page 2 of the Deed Records 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 course, width, and cen- terline on the attached Exhibit "A" , known as the "Easement Area" , and any additional area outside the easement area neces- sary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area. To erect, construct, install , and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove the fol- lowing : Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; 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 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 provide lender' s subordinations or releases on behalf of GRANTEE. VO', 1 rrAJ. 152 � . - 1 - 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 himself, his hiers 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 /o'-" day of ®,1727e4,e , 1989 . (1/' //a B L 1 W. S A•P l 1 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * COUNTY OF BRAZOS * ACKNOWLEDGMENT This instrument was acknowledged before me on the 4 ' day of QC7odE.e , 1969 , by Billy W. Sharp. Not ry Public in and for • the State of TEXAS : Printed Name: ,fAckr.er L. E,bPLE n L, My Comm. Exp. . 6=23- 93 .i n VOL 1176=159 - 2 - t a JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 20 ' Easement Mrs . Theo Klug Tract - Lot 5 Lakeview Acres College Station, Texas 16 February 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of Lot 5 of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brazos County, Texas , being a part of that tract conveyed to Theo Klug, et ux, by deed recorded in Volume 173 , Page 2 of the Deed Records of Brazos County, Texas, and being more particularly described as follows : Beginning at an iron rod at the intersection of the present southeast line of Miller's Lane and line between Lots 5 and 6, which is the most southerly corner of that 2 , 891 square foot tract conveyed to the City of College Station by deed recorded in Volume 795, Page 445 of the Official Records of Brazos County, Texas. Thence N 43° 04 ' 05" E - 188.72 feet along the present line of Miller's Lane to the southwest line of Lot 5Bassshownaon replat of Lot 5 of Lakeview Acres recorded in Volume 448 , Page 607 of the Deed Records of Brazos County, Texas; Thence S 48° 27 ' 19" E - 20. 01 feet along the southwest line of Lot 5B; Thence S 43* 04 ' 05" W - 188 . 87 feet through the said Lot parallel to and 20 feet from the 5 er's Lane to the line between Lots 5 and 6southeast line of Mill- . Thence N 48° 01 ' 45.. W and 6c to the Point of of land more or less, Beginning and containing 3 , 776 square feet J = OF 1 titer A . ' -,v:, • :1. . ...ro VOL �. `�6PAGE 154 �, / .�: :r�r EXHIBIT "A" 3 i3: