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1991V1311P124 4 0777 r1 AUG -6 PM2: IC TEMPORARY CONSTRUCTION EASEMENT (Specific Property) ,.✓r ....,- L.'' LI Litii COUNTY Cni� TH::UC:E § STATE OF TEXAS DRYAU.T .XA § KNOW ALL MEN BY THESE PRESENTS: ;1 COUNTY OF BRAZOS § � _ THAT, THAT, NCNB TEXAS NATIONAL BANK, a Texas banking association, GRANTOR of the County of Dallas, 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 the Temporary Construction Easement on and through the hereinafter defined portion of the following described property: Being a 6, 355 square foot tract of land located in the Morgan Rector League, Abstract No. 46, in the CITY OF COLLEGE STATION, Brazos County, Texas, and being part of a 205. 08 acre tract conveyed to Brentwood, Incorporation, by deed recorded in Volume 317, Page 26, 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 by course, width, and centerline on the attached Exhibit "B", known as the "Construction Area", which area is necessary for the construction of the sewer line located within the area as set out in Exhibit "A" attached hereto. It is understood and agreed that any and all equipment and facilities placed upon said Construction Area shall remain the property of GRANTEE. It is further understood that any and all trees six inches (6") or larger in caliper located in the temporary easement area or on the above-described property shall not be removed or in any way damaged during the construction process and term of the temporary construction easement. GRANTEE shall assume responsibility for identifying and flagging trees proposed for removal and to obtain approval from GRANTOR for any tree removals from its designated representative prior to the initiation of any removal work. GRANTEE also shall assume responsibility for physically protecting trees designated to remain within the easement area in a manner approved in advance by GRANTOR and shall be liable for the replacement cost (i.e. , materials and installation) of any trees either damaged or improperly removed to the satisfaction of GRANTOR. The caliper of trees shall be determined by measuring the In p 12 ,;; RDA\EASTMARK.EAS ;11\ ( 7-23-91 10:51 am 4) J ' .( 4462-- VOL }� ;,,u,.4 I �r��. trunk of any tree at the point twelve inches (12") above the ground level existing at the base of the tree. It if further understood and agreed that the construction easement shall exist from the date construction begins on this project until completion of the project; provided however, the foregoing notwithstanding, the subject construction easement shall expire one hundred eighty (180) days after its execution by GRANTOR whether or not construction work on the sanitary sewer line shall have been completed by that date. All equipment shall be removed from the easement area no later than fourteen (14) calendar days after automatic termination of the easement, as hereinabove provided, or after completion of sewer line construction, whichever shall occur first in time. It is also agreed that the expiration of this construction easement shall not affect the GRANTEE's right to utilize the permanent easement area as set out in Exhibit "A" attached hereto. To the extent permitted by any recorded mineral leases or reservations, GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to provide lenders' subordinations or releases on behalf of GRANTEE upon request, covering the Construction Area. GRANTEE expressly agrees to return the construction easement area to its original condition, or as close thereto as is reasonably possible, to full satisfaction of GRANTOR. Any excess materials resulting from excavation work shall be removed and disposed of offsite from both the GRANTOR'S property and sanitary sewer permanent easement area granted by the Bank to the City unless otherwise specifically approved by GRANTOR. It is expressly understood that the GRANTOR or future owners of this property reserve the right to use this construction easement for all purposes which do not interfere with or prevent its use by the GRANTEE. 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 GRANTOR does hereby bind itself, its successors 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 whomsoever lawfully claiming, or to claim same, or any part thereof, by, through or under GRANTOR, but not otherwise. BY ACCEPTANCE AND RECORDING HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTER AFFECTING OR RELATED TO RDA\EASTMARK.EAS 7-18-91 4:00 pm VO� 111j M � 5 THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN) , AND GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EASEMENT IS CONVEYED "AS IS" AND "WITH ALL FAULTS". GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, (EXCEPT FOR THE SPECIAL WARRANTY OF TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY OR EASEMENT, INCLUDING WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY SUCH IMPROVEMENTS, AND (iii) THE MANNER OR REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. THIS CONVEYANCE IS SUBJECT TO ALL MATTERS OF RECORD RELATING TO THE PROPERTY TO THE EXTENT THAT THEY ARE STILL IN EFFECT, ALL AD VALOREM TAXES ON THE PROPERTY, RIGHTS OF TENANTS AND PARTIES IN POSSESSION, ZONING AND OTHER ORDINANCES, VISIBLE AND APPARENT EASEMENTS AND OTHER MATTERS ON THE PROPERTY, TOGETHER WITH ALL UNDERGROUND EASEMENTS, THE EXISTENCE OF WHICH MAY ARISE BY UNRECORDED GRANT OR USE, AND COMMON RIGHTS OF INGRESS AND EGRESS. By acceptance and recording hereof, GRANTEE acknowledges and agrees that GRANTEE shall be responsible for all work done in or about the Construction Area referred to above in connection with such sewer line, and GRANTEE specifically and distinctly assumes all risks of damage or injury from whatever cause to property or persons used or employed on or in connection with GRANTEE'S work, and all damage or injury to any persons or property whatever located, resulting from any action or operation under this Easement or in connection with GRANTEE'S work, and GRANTEE undertakes and promises to protect and defend GRANTOR, by counsel selected by GRANTOR, against all claims on account of any such damages or injury. EXECUTED this day of �� l� , 1991. NCNB T X S NATIONAL BANK By: Name: � t' 1 ! /( r Name: 047aW7ic7<-- Title: wL Title: WC-4- /6 5/,D i RDA\EASTMARK.EAS - 7-18-91 4:00 pm Vo. 1311 1 1 1.PAS 126 �/� ACCEPTED AND APPROVED: CITY OF COLLEGE STATION, TEXAS By: , Name: Civ-rx.ii (2 , Title: 4y /vv ,(A-M1 CORPORATE ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged beforelme on the , Y day of , 1991, by1,-(kLICI 1 ) * Lk- t as Vice President of NCNB TEXAS NATIONAL BANK, a national banking q.,ssoc..iO4.,d4c.„,9,a,tbeh4f of said corporation. A P FRA 4 fJollry For _>zt/ ( - I )( ITArE or Notary Public in and for the State of r,von ExP Texas r,) - 1 I - (7 A 11 ( cri CommissionExpirationExpiration Printed Name of Notar STATE OF TEXAS COUNTY OF HARRIS This insrument was acknowledged before me on the day of , 1991, by /•i ) v as i/./P6/ CU, )/ of NCNB TEXAS NATIONAL BANK, a nati a1 banking,A40,54viation, on behalf of said corporation. (s Nota 'Public in and fdr the State of 141,4 Texas Commission Expiration Printed Name of Notary RDA\EASTMARK.EAS 7-18-91 4:00 pm ' / VO, 131 1 PASc: 127 • JuL 1r ,i 1-4• J, • Exhibit "A" SANITARY SEWER EASEMENT BEING a 5,537 square foot tract of land located In the Morgan Rector League, Abstract No. 46, In the City of College Station, Brazos County, Texas, and being pan of a 205,08 acre tract conveyed to Brentwood, Incorporated, by deed recorded in Volume 317, Page 26, of the Deed Records of Brazos County, Texas(DR8CT),and being more particularly described as follows: BEGINNING at a point located on the southwest line of Lot 1, BLock C,of Eastmark Subdivision, Phase II, an addition to the City of College Station as recorded In Volume 553, Page 645. DRBCT, said point also being located South 55°43' 49' East, a distance of 252.09 feet from the west corner of Lot 1, Block C; THENCE, North 01°52' 17°West, leaving the southwest line of Lot 1, Block C, a distance of 34.00 teat to a point for corner; THENCE, North 88°07' 43"East, a distance of 2.50 feet to a point for corner; THENCE, North 01°52' 17'West, a distance of 201.22 feet to a point for corner; THENCE,North 04°18' 59'East, a distance of 104.04 feet to a point for corner, said point being located on a southeast line of a 20 foot Drainage and Utility Easement granted to the City of College Station recorded per Volume 553, Page 645,DRBCT; THENCE, North 42° 22' 53" East, with the said southeast line of the 20 foot easement, a distance of 24.33 feet to a point for corner; THENCE, South 44° 18' 59'West, leaving the said southeast line of the 20 foot easement, a distance of 122.38 feet to a point for corner; THENCE, South 01°52' 17'East, a distance of 200.41 feet to a point for comer; THENCE, North 88°07' 43'East,a distance of 2.50 feet to a point for corner; THENCE, South 01°52' 17'East, a distance of 48.61 feet to a point for corner, said point being located on the said southwest line of Lot 1, Block C, and the northeast line of a 7.69 acre tract conveyed to the City of College Station by deed recorded In Volume 379, Page 81, DREC1'; THENCE, North 550 43' 49"West, with the said common line of Lot 1, Block C, and the 7.69 acre tract, a distance of 24.77 feet to the PONT OF BEGINNING,containing 5,537 square feet of land. • ''.4S IMP !or ° '\ :ie III,'..!• ), lif,,,r4t •‘• • 'i c' 'v0. , t�- ,... �C � �r�: aa VO,_ 1.` 11Prr128 Exhibit "B" *TEMPORARY CONSTRUCTION EASEMENT BEING a 6,355 square foot tract of land located in the Morgan Rector League, Abstract No. 48, in the City of Celioge Station, Brazos County, Texas, and being pan of a 205.08 acre tract conveyed to Brentwood, Incorporated, by deed recorded in Volume 317, Page 26, of the Deed Records of Brazos County, Texas (DRBCT), and being more particularly described as follows: BEGINNING at a point located on the southwest line of Lot 1, Block C, of Eastmark Subdivision, Phase Il, an addition to the City of College Station as recorded in Volume 553, Page 645, 1RBCT, said point also being located South 55°43' 49'East, a distance of 252.09 feet from the west corner of Lot 1, Block C; THENCE, North 55° 43' 49'West, with the southwest line of Lot 1, Block C, and the northeast line of a 7,89 acre tract conveyed to the City of College Station by deed recorded In Volume 379, Page 8i, DRBCT, a distance of 21.87 feet to a point for corner; THENCE, North 01°52' 17'West, leaving the common line of Lot 1, Block C, and the 7.69 acre tract, a distance of 223.62 feet to a point for corner, THENCE, North 04' 18' 59' East, a distance of 79.58 feet to a point for corner, said point being located on a southeast line of a 20 foot Drainage and Utility Easement granted to the City of College Station recorded per Volume 653,Page 845, DRBCT; THENCE, North 42° 22' 53' East, with the said southeast line of the 20 foot easement, a distance of 32.44 feet to a point for corner, THENCE, South 04' 18' 59'West, leaving the said southeast stns of the 20 foot easement, a distance of 104.04 feet to a point for corner, THENCE, South 01°52' 17'East,a distance of 201.22 feet to a point for corner; THENCE, South 88°07' 43'West,a distance of 2.60 feet to a point for corner; THENCE, South 01° 52' 17' East, a distance of 34,00 feet to the POINT OF BEGINNING, containing 8,355 square feet of land. * Temporary Construction Easement to be abandoned upon completion of construction, /4,..4.1611A ' v 11.4) Q i X' v0� 131 1 rAcr 1_29 r