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1991V1234P703 �• 458' 92 rii- .i Atm:.O'clock UTILITY EASEMENT JAN 31 1991 (Specific Property) MARY ANN WARD COenty dcB zqs uaarisan.rexes STATE OF TEXAS ) 6y KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, ANTONE DOBROVOLNY, PAULINE A. DOBROVOLNY, CARRIE M. DOBROVOLNY, GEMMA T. EVANS, and MARY D. BADING, GRANTORS, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, for 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 interests in the nature of a perpetual EASEMENT on and through the following described property: All that certain 0. 081 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, and being a portion out of that same 0. 482 acre tract conveyed from Pauline Dobrovolny, Executrix, to Pauline A. Dobrovolny, as described by deed recorded in Volume 1164, Page 338 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" , 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. To erect, construct, install, and thereafter use, operate, inspect, 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; 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 an in the easement area or on adjoining property of GRANTORS, 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. GRANTORS expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agree to provide lender's subordinations or releases on behalf of GRANTEE. It is expressly understood that the GRANTORS or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. 1 IMP 4PAGE 733 1 , A R 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 GRANTORS do hereby bind themselves, their heirs 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. 470 EXECUTED this / Sday of , , 199 , j47/14 * 10BROVO , ; C BRIE M. DO: OVOLNY cX// , �) rite-� _Y��. PAUL E A. DOBROV LNY f (;),,ed7YriLit, (. 1-.- /) 4_...e Iii GEMMA T. EVANS ' MARY D. BAD NG APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the /S-T,� ti day of , 1990, by ANTONE DOBROVOLNY. • • Notary Public in and for 7l ' ' The State of T E X A S 1 TE OFTATEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the /S="" day of T,�-. ,.,,.,� , 1990, by PAULINE A. DOBROVOLNY. Notary Public in and for the State of T E X A S 4 7 -. 2 328.4 L STATE OF TEXAS * ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on the o;'-'-, day of , 1990, by CARRIE M. DOBROVOLNY. Notary Public in and for the State of T E X A S STATE OF' TEXAS * * ACKNOWLEDGMENT COUNTY OF X1575. 1-/a �\T * 1 T instrument was acknowledged before me on the c f/ ay of 1/ / ,� . , 1990, by GEMMA T. EVANS. 7vi / Notary/ lLPublic in and for The State of T E X A S STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the /$ day of Jsrtiv,r,e y , 1990, by MARY D. BADING. • . . Rotary Public blic in and for The State of T E X A S 3 ,SC ALE: 1"=40'. BASIS QF BEARING:SOUTHWEST RIONT-OF- AY LINE OF • _ ' `THE PROPOSED EXTENSION OF F.M.2818 ,CALLED S 83° 33'06"E IN VOLUME 1 180 PAGE 653. • NOTE;THESE EASEMENTS ARE NOT MONUMENTED EXCEPT —QI, -- AS NOTED. 1 N PROPOSED F.M w o.. ' 2818 , , y :.i. EXISTP 0 15'WIDE UTILITY CASEME 4T,,:, ..• , .N t N �; ROQ VOLUME•1180 PAGE 633 ;, . 1 S:, N . ..88.35' S 83°33' 6" E 30.10•• TT f ! •NOW OR FORMERLY ;t' GLINT BERTRAND N 41 °54' 42'W 30.16 •'' 0 VOLUME 305,PAGE 833 - ; NOW OR FORMERLY' 4 • �` . A.Q08ROVOL•NYE Z REMA) R Qt �� -+ 1).482ACRE TRACT ` ? V• ` • 0 VOLUME 1164,PAGE 338 , g 1 Nr, 7p 0 ' �� • :, it c = I W r W W 1.3 •\ti vIcsi I 'o c� EXISTING FENCE N I N t� c.:c 1 � t : I e - < I �s�,�'cb o I N c I-- d s. z N 0 w I 0.081 ACRE NOMonu ►•nt-" TRACT ONE r UTILITY EASEMENT r W ►- W a w ----- INSET --- ' t o 1 - NTS S 48°34' 51" E 26.79• NOW OR FORMERLY N 00°17 12" W 38.33•.... W -` 4)THE BRETHREN CHURCH 1.130' BETWEEN END OF ..r OF BRYAN-COLLEGE STATION FENCE AND PROPERTY }` P.O.B. 4.37 ACRES CORNER (SEE INSET VOLUME 394, PAGE 775 0.291 ACRE t .. UTILITY EASEMENT 20. -- a; NOW OR FORMERLY TRACT TWO N W SPRING BRANCH SAVINGS & LOAN o 45 O N 7.147 ACRES 0' CZ o' 'u VOLUME 865, PAGE 560 Ili I < _ l� W N A ~• W OR AY Inks OF A I i 0.081 ACRE UTILITY EASEMENT M I Q o ( TRACT ONE e MM N O OUT OF A N U.48[ ACRE TRACT VOLUME 1164, PAGE 338 0 o o N 0.29 AND A \ * �;'1. N ACRE UTILITY EASEMENT ( TRACT TVO ) \ I N OUT OF A \ v 4.37 ACRE TRACT I ti VOLUME 394, PAGE 775 v MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 I z COLLEGE STATION, BRAZOS COUNTY, TEXAS SEPTEMBER 1990 -•.1, SCALE: 1 '=40' *,14 , ... MU NJCIPAI,DEVELOPMENT GROUP 11/11)G IPA.110X 114, FOUND C011t0I RATION,YJXAs 17140434, 409-03-43S9 1.2 34 3/8' RON ROD �� i • METES AND BOUNDS DESCRIPTION OF A 0.081 ACRE TRACT (A 20' WIDE UTILITY EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.081 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, and being a portion out of that same 0.482 acre tract conveyed from Pauline Dobrovolny, Executrix, to Pauline A. Dobrovolny, as described by deed recorded in VOLUME 1164, PAGE 338 of the Official Records of Brazos County, Texas, said 0.081 acre tract being more particularly described as follows: BEGINNING at the south corner of said 0.482 acre tract and the north corner of that same 4.37 acre tract conveyed from James M. Doss, et ux, to the Brethren Church of Bryan-College Station, as described by deed recorded in VOLUME 394, PAGE 775, of the Deed Records of Brazos County, Texas and lying in the east, right-of-way line of Texas State Highway No. 6 East Bypass. A 6" diameter cedar fence post bears N 48° 34' 51" W 1.00 feet. THENCE N 48° 34' 51" W 26.79 feet with the common line between said 0.482 acre tract and said 4.37 acre tract to a point for corner. • THENCE N 00° 17' 12" W 140.04 feet, 20 feet west of and parallel to said right-of-way line, to a point for angle point. THENCE N 41° 54' 42" W 30.18 feet, 20' southwest of and parallel to the proposed right-of-way line of the extension of FM 2818, to a point for corner in the south line of that same 15 foot wide easement conveyed from Pauline A. Dobrovolny, et al, to the City of College Station, as described by dbed recorded in VOLUME 1180, PAGE 653 of the Official Records of Brazos County, Texas. THENCE S 83° 33' 06" E 30.10 feet with the south line of said easement to a point for angle point in said FM 2818 right-of-way line. A 1/2" iron rod found marking an angle point in said right-of-way line bears N 41° 54' 42" W 22.58 feet. THENCE S 41° 54' 42" E 15.29 feet with said right-of-way line to a point for the intersection of said FM 2818 right-of-way line and said East Bypass right-of-way line. A found 1/2" iron rod bears N 00° 17' 12" W 68.35 feet. 000338-F.17-39 (1796) 12431/ 7 r EXHIBIT "A" THENCE S 00° 17' 12" E 165.47 feet with said East Bypass right-of-way line to the PLACE OF BEGINNING, and containing 0.081 acres of land , more or less. October 1990 Municipal Development Group College Station, Texas Prepared by: Ar/ i A. W. Ke sler FRegistered 'Professional Land Surveyor re.'•fr No. 1852 • A V, KESSLER • • ,f:.* 1852 : • . IWO"- • 0003.38-F.17-39 (1796) /14 rc "415 _211gdatZao