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1990V1187P689 RECEIVED - 6 290 0-4 46011 UTILITY EASEMENT (Specific Property) /). STATE OF TEXAS ) - .J /t r KNOW ALL MEN BY THESE P ESENTS : COUNTY OF BRAZOS ) That, KIOWA, LTD. , a Texas Limited Partnership, 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: A twenty foot (20 ' ) wide strip or parcel of land , lying and being situated in the Crawford Burnett League, College Station, Brazos County, Texas, and being a part of the 14. 946 acre tract of land as described by deed to Kiowa, Ltd . , a Texas Limited Partnership, and being recorded in Volume 561 , Page 357, of the Deed Records of Brazos County, Texas; provided, however, that this conveyance shall herein specified only as to that grant the rights tthe above property more particularly described byncourse, width, dandribed centerline on the attached Exhibit "A" , Area" , and any additional area outsidenown the easementEareaPnt necessary to install and attach equipment, necessary and incident to the uses of the EasementeArea. anchors To erect, construct, install , and thereafter use in- spect, repair, maintain, reconstruct, modify, ' remove the te, and remov 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 ways, streets, roads, or alleys pabutterty ings hsame; and cut,erein described and ty and control the growth of trees and other vegetation on and the easement area or on adjoining trim the interferemwith or or Property of GRANTOR, in any public utilitythreaten the operation and maintenance of understood and ageeduthatnanyaandsallles, or equipment operations. Ii is placed upon said property shall remain the and facilities property of GRANTEE. GRANTOR expressly subordinates all rights of surface use to the mineral estate to the above described uses of said by GRANTEE, incident and agrees to lender' s subordinations on behalfof GRANTEE request. It is expressly understood that the GRANTOR or future this property reserve the right to use this EASEMENT for Owner of poses which do not interfere with or for all GRANTEE. prevent its use byPur ' ' the e � ;,, , 1 - t? s� /q /o/7-7 I TO HAVE AND TO HOLD the rights and interests herein described un- to the CITY OF COLLEGE STATION, TEXAS, and its successors and as- signs, forever, and GRANTOR does hereby bind itself, its succes- sors and assigns, to warrant and forever defend, all and singu- lar, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whom- soever lawfully claiming, or to claim same, or any part thereof. EXECUTED this ,--)c) day of _ ‘N_ 1913 KIOWA, LTD. , A T- LIMITED PARTNERSHIP B : �.age. e� , — E APPROVED AS TO FORM. Ge artner THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT T is instrument was ackn w edged before me on the o� 191, by s _' U day of 019AITMAk A of KIOWA LTD. a Te s Limited Partner- ship, on .ehalf of said partnership. Iti Notary Public in and for the State of T E X A ,S Printed Name: /. ' My Comm. Exp. ._ ‘ I`���n,�`::� 4 �� ` t - 2 - VOL 1 �7PAGE 690 I • Twenty Foot Wide Public Utility Easement Kiowa , Ltd. (Along a Private Portion of Jones-Butler Road) Crawford Burnett League College Station , Brazos County, Texas Field notes of a twenty foot (20' ) wide strip or parcel of land, lying and being situated in the Crawford Burnett League, College Station, Brazos County, Texas , and being a part of the 14 . 946 acre tract of land as described by deed to Kiowa, Ltd ., a Texas Limited Partnership, and being recorded in Volume 561 , Page 357, of the Deed Records of Brazos County, Texas , said twenty foot wide public utility easement being along the approximate southwest margin of a private road commonly known as Jones-Butler Road, the southwest line of the said twenty foot wide public utility easement being more particularly described as follows : BEGINNING at a point in the southeast line of the abovementioned Kiowa tract located S 44° 51 ' 55" W 25. 14 feet and S 44° 29' 16" W 14.89 feet from the east corner of same , said Beginning corner of the Woodway Village , Section Two Subdivisionotoeing the Citynofth College Station, and being recorded in Volume 525, Page 645 , of the Deed Records of Brazos County, Texas ; THENCE N 42° 59' 28" W across the said Kiowa, Ltd. , tract parallel to and 40.00 feet southwest from the northeast line of same, same being parallel to and 80.00 feet southwest of the southwest line of the Woodway !est Phase I Subdivision to the City of College Station according to the Final Plat recorded in Volume 705, Page 619, of the Deed Records of Brazos County, Texas, for a distance of 726.07 feet to the POINT OF TERMINUS of this 20 foot wide Public Utility Easement in the northwest line of the said Kiowa, Ltd. , tract, same being the southeast margin of Luther Street. It is the intention o'f this instrument to described a 20 foot Public Utility Easement whose southwest line is wide southwest of the southwest line of the Woodwayabovementionedland West feet Phase e I Subdivision. The platted call is N 43° 01 ' 46" W 724.52 feet. -*- ,� --- Field Notes Prepared April , 1988 /c ,''.....;ts . ..'4::V 4 • lece,;‘,%._ at e i e/ F T.DAVID CHINN ` I' �'• 4138 :2 T. David Chinn „6k�•c,sTEa ° yo Registered Public Surveyor No. 4138 � c SUP;,-�: �Y� Exhibit "A" KLING ENGINEERING AND SURVEYING BRYAN, TEXAS VOL ii87FIc!691 r