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1990V1198P483 RECEIVED JUS _4 8 ? • 3 0 19()90--* 990 7 G EASEMENT (Specific Property) ') THE STATE OF TEXAS KNOW ALL MEN BY THEFE1 P 4SENTS: pK COUNTY OF BRAZOS tE .4" C,1 „i That, BERT WHEELER'S, INC. , a Texas Corporation, GRANTOR, of the County of Harris, and State of Texas, for and in consideration of the payment of TEN AND NO/100 DOLLARS ($10.00), 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 an easement on and through the following described property: Being a 0.32 acre electrical easement, as hereinafter defined, lying and being situated in the RICHARD CARTER SURVEY, Abstract No. 8, Brazos County, Texas, and being part of the called 126.89 acre tract described in the Deed from Davis & Scarmardo Construction Co., Inc. to Regency Parkway, Inc. , as recorded in Volume 1011, Page 823 of the Official 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 centerline on the attached Exhibit "A", known as the "Easement Area". To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric distribution lines, the poles and/or structures of which shall not exceed fifty feet (50' ) in height or two feet (2') in diameter; upon, over, and across said property as herein described and any public and/or dedicated 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 overhangs into the easement area and will interfere with or threaten the operation and maintenance of any 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 reserves and retains for himself, his heirs, successors, assigns and Lessees, all of the oil, gas sulphur, coal, sand, gravel and other minerals of every kind and character, similar or dissimilar to those named and whether now known, or hereafter found to exist under the easement conveyed by this instrument, with the full and free right of mining, removing and transporting the same, or any part thereof from other abuttingproperty. p Provided, however,, GRANTOR expressly subordinates all rights of surface use Incident to the mineral estate to the above described uses of said surface by lender's subordinations on behalf of GRANTEE GRANTEE, and agrees to upon request. This conveyance is made subject to any and all existing agreements covering coverig g the herein leased premises, including, but not limited to oil, gas and mineral leases. 1 A Voi. .1.198 n,rr`8 PPS:lp It is expressly understood that the GRANTOR, GRANTOR'S heirs, successors or assigns, reserves and shall continue to enjoy the use of the surface of the EASEMENT for any and all purposes which do not interfere with and prevent the use by GRANTEE of the within easement, including but not limited to, the right to build and use the surface of said easement for drainage ditches and private streets, roads, driveways, alleys, walks, or parking areas, and other like uses and to grant any other easements within the herein granted easement, hereafter to any governmental authority including the GRANTEE herein for other public purposes. GRANTEE hereby indemnifies and agrees to hold GRANTOR, GRANTOR'S successors and assigns, harmless against any demands and any claims brought or actions filed against GRANTOR because of the use and enjoyment of the rights-of-way heretofore granted and work performed thereon, whether related to use, construction, maintenance, operation, repair, alteration, replacement or removal of said lines or to any of the work being performed or use of said rights-of-way by Grantee, and/or any of its agents, contractors, employees or servants, whether such claims or actions be rightfully or wrongfully brought or filed, including any violations by GRANTEE, GRANTEE'S agents, contractors, employees or servants, of rules and regulations of the Environmental Protection Agency, pertaining to the EASEMENT and/or abutting property of GRANTOR. GRANTEE shall further indemnify and hold GRANTEE harmless from all costs and attorney's fees incurred by GRANTOR in defense of such aforementioned actions. It is expressly agreed and understood that the easement herein granted to GRANTEE is limited to the above described purposes and that the easement and all rights and privileges granted herein shall terminate when, or at such time, as the purposes hereof cease to exist, or should GRANTEE abandon the use and operation of said electrical lines or the purposes become impossible for performance. Upon the occurrence of any one of such an events, any title held to said easement by the GRANTEE, GRANTEE'S successors and assigns herein, shall automatically revert back to the GRANTOR, GRANTOR'S heirs, successors and assigns. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors and assigns. EXECUTED this 197" day of 1990. BERT WHEELER'S, INC. By: 1111, A 1, Ronald A. Cowe, P es dent APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. r,.„ 2 vol :LIM M8 PAGE 484 le • • ,PPS:3p THE STATE OF TEXAS • COUNTY OF /4gpA Jah This instrument was acknowledged before me on this the /974 day of 1990, by RONALD A. COWE, President of BERT WHEELER'S, INC. , a Texab Corporation, on behalf of said Corporation and in the capacity therein stated. 4111111 •; O ARY PUBL In and for " ��' • The State o exas My Commissi• expires: �r�. (type or print na-nc of :: .•••'' =o R.P' LOURNN JONES t ,,, ,,., j � lit Notary Pubiic,State of Texas fr Commission Expires 7.2193 � . 3 VOL11!,I8,. 485 • Y + -- V tca 0.32'Acre X)CMV Casement Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 0.32 acre ElectricalUt lying and the Richard Carter Survey, Abstract No.8 Easement,BrCount , Texas,1andsbeingpart ep in of the Called 126.89 acre tract described in the deedfromDavis & Scarma do Construction Co. , Inc. , to Regency Parkway, Inc. , as recorded in Volume 1011 , Page 823, of the Official Records of Brazos County, Texas, said 126.89 acre tract being formulated as follows: All of the 130.95 acre Tract B, described in Volume 686, Page 777, plus all of the 1 .937 acre tract described in Volume 724, Page 60, less the 6.00 acre tract described in Volume 724, Page 54, and said 0.32 acre tract being more particularly described as follows: BEGINNING at the west corner of the beforementioned 130.85 acre tract, same being the west corner of the beforementioned 126.89 acre tract, at the intersection of the southeast right-of-way line of Farm-to-Market Road No. 60, with the northeast right-of-way line of State Highway No. 6 (East By-pass) , from which a concrete right-of-way marker bears N 46° 53' 13" E 9.70 feet; THENCE S 38° 45' 02" E along the northeasterly right-of-wayline of the beforementioned East By-pass, for a distance of• 224. 19 feet to an angle corner, from which a 1/2" iron rod found bears N 72° 24' 17" E 12.55 fepont et; THENCE S 18° 13' 02" E along beforementiEast B the easterly right-of-way line of the Y-pass, for a distance of 468.86 feet to a 1/2" iron rod; THENCE through the interior of the beforementioned 130.95 acre tract (and the 126.89 acre tract) as follows: N 76° 11 ' 24" E for a distance of 20.06 feet; N 18° 13' 02" W for a distance of 474.02 feet; N 38° 45' 02" W for a distance of 227.74 feet to a point in the y southeast right-of-way line of Farm-to-Market a' t Road No. 60; - ke S 51 ° 27' 25" W for a distance of 20.00 feetalong said right- of-way line to the POINT OF containing 0.32 acres of land, BEGINNING, more or less. Prepared May 1990 �E OFT BY: 4 I4{^4 ,,,-.1.)...•.* • •.s Gary B. Neill * NEILL • � GARY B. R P.L'S• No. 3964 0 cc/sTta '-{°. L • �'�• su Page I. ..�, , of i Pages Exhibit "A" KLING ENGINEERING AND SURVEYING BRYAN. TEXAS • l 44,:lti,?:4'1'. • ,::•:•',4 VOL 11 ��g,ar• 486 x . ..