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1990V1217P790 �6' 5415 ' 4 • UTILITY EASEMENT (Specific Property) f,"' ""' STATE OF TEXAS § COUNTY OF BRAZOS § 90 OCT 9 ," 6 01/ 111P! THAT, the COUNTY OF BRAZOS, TEXAS, a Politica u. of Texas, GRANTOR 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, non-perpetual EASEMENT for the purposes hereinafter set forth on and through the following described property: Being an easement twenty feet (20')in width through that 170 foot wide tract in the Crawford Burnett League in College Station, Texas, acquired by the I&GN Railroad by Condemnation Judgment recorded in Volume 3, Page 529, of he Civil Minutes of the County Court of Brazos County, Texas, and conveyed to Brazos County by Quitclaim Deed recorded in Volume 272, Page 425, of the Deed Records of Brazos County, Texas (herein the 'Property"). Provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the Property more particularly described bycourse, width, and centerline on the attached Exhibit "A", known as the "Easement Area", and any additional area outside the Easement Area necessary to install and attach equipment, guy wires and anchors necessary and incident to the uses of the Easement Area. ' The Easement herein granted is for the limited purpose of , constructing, erecting, installing, and thereafter using, operating, inspecting, repairing, m g maintaining, reconstructing, modifying, and removing the following: 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, and sub-surface; surface upon, over, and across the Property and any ways, streets, roads, or alleys abutting and to cut, trim and control the growth of trees and other vegetation same; Easement Area or on adjoining property of GRANTORg on and in the threaten the operation and maintenance ' which might interfere with or 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. VOL _121 Trace 790 GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above-described uses of said surface by GRANTEE. It is expressly understood that the GRANTOR or future Owners of this Property, including the mineral estate therein, reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. GRANTEE, its successor and assigns, agree that should GRANTEE, its successors and assigns, cease to use the easement for the purposes set forth herein, this easement shall be of no further force and effect and upon written request of the GRANTOR, the GRANTEE shall within thirty (30) days of such request provide to GRANTOR, in recordable form, a fully execued release and abandonment of easement. GRANTEE agrees to indemnify and save harmless GRANTOR from any and all liability, damages, costs, attorney's fees, expenses, causes of action, suits, claims or judgments of any kind or character for injury to third parties or properties of third parties arising out of Grantee's use of the Easement Area and all operations thereon. GRANTEE shall and will, at its own expense, defend any and all suits in with GRANTOR may be a party, upon any such above mentioned claim, and shall and will satisfy, pay and discharge any and all judgments that may be recovered against GRANTOR in such action or actions. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, so long rights and easements herein granted or any one of them shall be as the used by or useful to the GRANTEE for the purposes herein granted upon the Property; and, except limited, the GRANTOR does hereby bind itself, its successors p as herein and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF STATION, TEXAS, and its successors and assigns, against g against every person whomsoever lawfully claiming, or to claim same, or any part thereof by, through or under Grantor but not otherwise. EXECUTED this' 9y of 1990. BRAZOS COUNTY, TEXAS By: _ R. J. 'olmgreen, Co 1 r'Judge 2 v0. 1 ?I7T17.-791 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the, //i day of October, 1990, by R. J. Holmgreen, County Judge of the Brazos County Commissioners Court of Brazos County, Texas, a political subdivision, on behalf of said county. z..,..,,,,Arvo.v...,,,,,.A..0....,„,w,„ _Yee4(-2e, ffit.2&.:) h r t }. ,.-, ,7Notary Public, State of Tex ` Printed Name: e f�,- ,L Commission Expires: 4 c 1' {] 3 VOL i+�1 7 r r 792 • • JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION, TEXAS 77840 • Proposed 20' Powerline Easement Old l&GN Railroad Right-of-way Tract Crawford Burnett League College Station, Texas 26 July 1989 Being an easement twenty feet (20') in width through that 170 foot wide tract in the Crawford Burnett League In College Station, Texas, acquired by the l&GN Railroad by Condemnation Judgment recorded in Volume 3 Page 529 of the Civil Minutes of the County Court of Brazos County, Texas, and conveyed to Brazos County by Quitclaim deed recorded In Volume 272, Page 425 of the Deed Records of Brazos County, Texas, and lying ten feet (10') each side of the following described centerline: Commencing at the intersection of the northwest line of Dowling Road and the southwest right-of-way line of FM 2818 which is also the most easterly corner of that 6.44 acre tract conveyed to Edsel G. Jones dba Manitou Limited by deed recorded In Volume 619, Page 232 of the Official Records of Brazos County, Texas. Thence along the southwest and southeast right-of-way line of FM 2818 as follows: N 85°50'03"W-396.1 feet to a concrete right-of-way marker found; N 88°54' 18"W-292.4 feet to a concrete right-of-way marker found; S 23°07'50"W-200.0 feet to a concrete right-of-way marker found; N 75°48'04"W- 165.5 feet to the Point of Beginning of this easement; Thence S 21°49' 48" E-685.5 feet through the said old l&GN Railroad right-of-way tract to the northwest line of Dowling Road and the end of this easement at a point located S 42°25' 31" W - 114.5 feet from found at the most southerly corner of that 0.059 acre tract conveyed to Wellborn Water Supply Corp. by deed recorded In Volume 269, Page 452 of the Deed Records of Brazos County, Texas. a 1/2" pipe .y.. :/- . it) • (:),A! ' • EXHIBIT A • -0� 771-AsT 783