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1990V1224P591 . -,, q0,'� X13 g(0-7 � `t-' � w. ;'ii i CITYOFCQLL�ESTATION cit-ita t, - DEC 7 1990 - T... ,Th CORRECTION ,.. ,,._ AE C E fVE TILITY EASEMENT LEGAL DEPT. ecific Property) 9,0 CEO -3 1.;1 14: 28 c-#714suf2. 4..-tis�.•% i'(::NrY CLERK BRAZOS couarr cnu ROUSE STATE OF TEXAS ) Ri;YF . X45 ) KNOW ALL MEN BY THE RESEN z ' )(a."C :4- ---•' COUNTY OF BRAZOS ) That, VERA COX DOWELL, Individually, and VERA COX DOWELL and REBECCA SUSAN DOWELL, TRUSTEES OF THE W. M. DOWELL TESTAMENTARY TRUST, GRANTORS, of the County of Harris, 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 GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, certain rights and inter- ests 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 that 10. 40 acre tract conveyed to Dan and Susan Clancy, Trustees, described by deed recorded in Volume 467, Page 314, 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 as course, width, and centerline on the attached Exhibits "A" and "B", known as the "Easement Area", and any additional area outside the easement area necessary to install and attach equipment, wires, and anchors necessary and incident to the uses of theuy Easement Area. To erect, construct, install, and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove 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, surface and subsurface; g upon, over, and across said ways,pnrets property as herein described and any and control thergrowthoofatrees andys tting othersvee . the easement area or on adjoiningand to cut, trim might interfere with or threatentheooeera of vegetationon which any public utility equipment, accessories, tornoperationsenaite sof understood and agreed that any and all equipment and facilities placed upon said Property shall remain the property of GRANTEE. GRANTORS expressly subordinate all rights of surface use to the mineral estate to the above described uses of said by GRANTEE, and agree to lender's subordinatio incident GRANTEE upon request. ns on behalf surfaceof It is expressly understood that the GRANTORS or future this property reserve the right to use this EASEMENT f poses which do not interfere with or Owners of GRANTEE. prevent its use byrthel aur- ` TO HAVE AND TO HOLD the rights and interests hereinJ unto the CITY OF COLLEGE STATION, f describedosand � °;: " assigns, forever, and TEXAS, and its successors and -� "' GRANTORS do hereby bind themselves, w�a their • cP >, ?4 • . r heirs, administrators, and assigns, 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 whomever lawfully claiming, or to claim same, or any part thereof. This Utility Easement is made in place of and as an Easement of Correction of a Utility Easement executed by GRANTORS herein to GRANTEE, dated March 27, 1990, and recorded in Volume 1179, Page 836, Deed Records of Brazos County, Texas, wherein by error or mistake the Utility Easement was incorrectly executed, and this instrument is made by GRANTORS and accepted by GRANTEE in order to correct said mistake, and in all other respects confirming said former Utility Easement. EXECUTED this � day� r of A1O Vent b� 1990. VERA COX DOWELL, Individually and as TRUSTEE of the W. M. DOWELL TESTAMEN RY TR T AV B ��►et/�/ �a � ' -rry Da ' Clancy / Attorney In Fact BY: a _ - - - ! I / Re•ecca Susan Dowell Clancy Attorney in Fact Y , , STAA&C./ ez.,7_, R BECCA SUSAN DOWELL CLANCY Individually and as TRUSTEE of the W. M. DOWELL TESTAMENTARY TRUST STATE OF TEXAS ) ) COUNTY OF HARRIS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the day of SUSAN Dp ___--JA/ikLI-L_______CLANCY who appeared, 1990, by LARRY DAN CLANCY and REBECCA Fact for VERA COX DOWELL. in their capacityas REBECCA Attorney in .4,",,,,4SHA1�()N J. LgUTERBACH ri4bz/f STATEFS Notary •ub c <L" k`°' "' My Comm. Exp,03.30•'94 in and for sh•, ;, Comm. ..,.,,, the State o f T E X A S STATE OF TEXAS ) COUNTY OF HARRIS ACKNOWLEDGMENT This instru ent was acknowledged before me on the day of I I ': v �, Individually and as Trustee1990, by.M. REBECCA SUSAN DOWELL CLANCY, DOWELL TESTAMENTARY TRUST. r4,frl•.GJ s SHARON J. LAU1 El-MACH l-M j,J I/, G"I/,L A��� y�R� J��Y �fi1JA�/I1 1 Y„ez.„ ,cee • I { n iJot3y Fubiic o' ary Pu•f i in and for 5� ~ t,!f STATE OF TEXAS the Stat of State' TEXAS t. :..; My C2mri. Ex,^..03-30-'94 -:)pPPZV 4.1%ibnii'v-}.;i+A.,,,r^o+Mu aslv.rPiJ 2 - VOL 1224 riA t 592 ( ( JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION,TEXAS 77840 F.M. 2818 Extension Proposed 15' Easement North Dan and Susan Clancy Tract Morgan Rector League College Station, Texas 3 March 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 that 10.40 acre tract conveyed to Dan and Susan Clancy, trustees, described by deed recorded in Volume 467, Page 314 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: • Beginning at an iron rod in the southwest line of the said 10.40 acre tract, N 42° 08' 53" W -214.58 feet from an iron rod found at the most southerly corner of the same. Thence N 42° . 08' 53" W - 21.29 feet along the southwest, line of the said 10.40 acre tract; Thence through the said 10.40 acre tract along the arc of a curve to the left (R=799.39' ) through a central angle of 0° the chord of which bears S 86° 54' 52" to endthe5d S - 1:13 feet of said curve; Thence S 86°' 57 ' 18" E - 325.03 feet continuing through 10.40 acre tract to the southeast line of same; the said • Thence S 46° 44 ' 29" W - 20.75 feet along the southeast the said 10.40 acre tract to an iron rod set for -the most south- erly corner of this tract; line of Thence N 86° 57 ' 18" W - 296.73 feet through the said 10.40 acre . trac rtesct to the Point of Beginning and containing 0. 11 acres moreless. ,i_.-.::-..1-- -,::2: mo 4 l':`'41 •-: 7v 2 EXHIBIT A -" v0;. 11r�83 8 P Via a,XvaL 1. ?4rA r ( JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION. TEXAS 77840 F.M. 2818 Extension Proposed 15' Easement South Dan and Susan Clancy Tract Morgan Rector League College Station, Texas 3 March 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 that 10.40 acre tract conveyed to Dan and Susan Clancy, trustees, described by deed recorded in Volume 467, Page 314 of the Deed Records of Brazos County, Texas; and being more particularly described as follows: • Beginning at an iron rod in the southwest line of the said 10.40 acre tract, N 42° 08' 53" W - 44.09 feet from an iron rod found At the most southerly corner of the same. Thence S 83° 33' 06" E - 57.79 feet through the said 10..40 acre tract to an iron rod set in the southeast line of same; Thence S 46° 44' 29" W - 19.67 feet along• the southeast line of the said 10.40 acre tract to the most southerly corner of this tract; Thence N 83° 33' 06.. W , 2e.of feet through the • said 10.40 acre . tract to the southwest line of same; • Thence N 42° 08 ' 53" the said 10.40 acre tract to� the68 f Poineet along Beginninggohwest line of ing 0.01 acres more or less. and contain- • / , ..,•y .%, -;..; 0 .::':....... } 3;:,`i::` ::. ' :.:,...%-3 ••}; t,c '� sit•pry-s. f ./( S• P.l."'l A-` EXHIBIT B VOLS A nrr 594 vo: 1.17 , A:;!.839