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1991V1240P75 • 464345 TEMPORARY CONSTRUCTION EASEMENT (Specific Property) r..+ STATE OF co ,':TY ' ` TEXAS ) 1,1;C:1 ��'ri.YF.;. ' COUNTY OF BRAZOS KNOW ALL MEN BY THESE �/' • : '�A . 4�s - THAT, DAVIS McGILL, TRUSTEE, GRANTOR, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, cash, 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 Temporary Construc- tion EASEMENT on and through the following described prop- erty: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, A-46, in College Station, Brazos County, Texas, being a temporary construction easement forty-feet (40') in width through that 14.27 acre tract conveyed to Davis McGill by deed recorded in Volume 597, Page 226 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall grant the rights herein specified only as to that described property more portion of the above width, and centerline onpthe lattacheddExhibitd by course,kwn the "Construction Area", " " known as re- construction and repair ofhthe sewerlinearea is elocated incessary ratfe forty foot (40') wide utility easement recorded in Volume 597, Page 226, of the Deed Records of Brazos County, Texas. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain thero - erty of GRANTEE. P p It is further understood and agreed that the construction easement shall exist from the date construction begins on this project until one (1) year after completion of con- struction of the project. It is also agreed that the expiration of this const easement shall not affect the Grantee's right to utilizeo permanent easement area previouslythe forty foot (40') wide utility easement ed as in1Vo a Page 226. Volume GRANTOR expressly subordinates all rights o in- cidentf to the mineral estate to the above described uses see said surface by GRANTEE, and agrees to lenders' subord ' tions on behalf of GRANTEEuses of upon request. 1na- GRANTEE expressly agrees to return the construction area to its original condition, or as close thereto as is reasonablyeasement possible. It is expressly understood that the GRANTOR of this property reserves the right tuse this or fconst owners easement for all purposes which do not interfere with prevent its use bytruction the GRANTEE. or TO HAVE AND TO HOLD the rights and interests herein de- scribed unto the CITY OF COLLEGE STATION successors and assignsbind himself, forever, TEXAS,dand its his heirs and assigns, GRANTOR does hereby g , to warrant and forever i .VOL l240pAcr 75 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. EXECUTED this 2- day of 4 1991. • Lt-c../J-- ' ". ,, A DAVIS McGILL, TRUSTEE APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * * COUNTY OF BRAZOS * ACKNOW EDGMFNm This instrument was acknowledgment before me on the 2 67-4 day of ee6 1991, by Davis McGill, Trustee. <: NOT Y PUBLIC in and for �,, " the State of Texas • VOL 1240_ 76 -2- EXHIBIT A 40 ' CONSTRUCTION EASEMENT DAVIS McGILL /14 . 27 ACRE TRACT MORGAN RECTOR LEAGUE, ABSTRACT 46 COLLEGE STATION, TEXAS January 18, 1991 All that certain tract or parcel of land lying and being situated in the Morgan Rector League, A-46, in College Station, Brazos County, Texas, being a temporary construction easement forty-feet (40 ' ) in width through that 14.27 acre tract conveyed to Davis McGill by deed recorded in Volume 597, Page 226 of the Deed Records of Brazos County, Texas. The centerline of said construction easement will be coincident with the centerline of an existing 15" sanitary sewer and an existing permanent utility easement fifteen feet (15 ' ) in width conveyed to the City of College Station by V.J. Boriskie as recorded in Volume' 305, Page 230 of the Deed Records of Brazos County, Texas, said centerline being more particularly described as follows: COMMENCING at._ the intersection of the easterly right-of-way line of State Hwy. 6 (E. Bypass) and an existing 18" sanitary sewer; same point also being on the west property line of that 139. 2 acre remainder of that 438. 0 acre tract conveyed to V.J. Boriskie by deed recorded in Volume 47, Page 499; Volume 136, Page 359, Volume 152 , Page 608 of the Deed records of Brazos County, Texas, and to which a concrete ROW marker bears southeast a distance of 784 feet, more or less, and a manhole bears S 85° W a distance of 12 . 64 feet; THENCE along existing 18" sewer line to the east a distance of 510 feet, more or less, to a manhole; THENCE continuing easterly 124 feet, more or less, along said sewer line to a manhole at the intersection of said 18" and 15" sewer lines; THENCE south along said 15" sewer line (which is elevated) 213 feet, more or less to the center of Wolfpen Creek and the common property line between said 139 . 2 acre tract and said 14 .27 acre tract, and the POINT OF BEGINNING of this description; THENCE south along said 15" sewer line and across said 14 . 27 acre tract 206 feet, more or less, to a manhole (No. 35) ; THENCE south along the extension of the centerline said 15" sewer line twenty feet (20 ' ) to the end of said forty-foot (40 ' ) wide temporary construction easement; Said forty-foot (40 ' ) wide temporary construction easement, shown on Exhibit B, is hereby granted until one (1) year after the completion of construction in the said permanent easement. 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