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1991V1311P130 t r: ny■-- 4 7 UTILITY EASEMENT �' I -6 PH 2: 11' (Specific Property) CLERK�( STATE OF TEXAS i..,:-'OS COUNTY COURfl USi § BRYAN.TEXA° § KNOW ALL MEN BY THESE rTRESENTS:_ y COUNTY OF BRAZOS § THAT, NCNB TEXAS NATIONAL BANK, a Texas banking corporation, GRANTOR, of the County of Dallas, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, and for other good and valuable consideration, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledge, 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 perpetual EASEMENT on and through the hereinafter defined portion of the following described property: 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 part 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. 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. " To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Sanitary sewer lines, connecting lines, access facilities, and related equipment; 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 and in the easement area or on adjoining property of GRANTOR, 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 Easement Area shall remain the property of GRANTEE. 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 lender's -20 subordinations or releases on behalf of GRANTEE covering the x/27/? Easement Area. 1,tf; /130 RDA\EASTMARK.DCC 1_3 _L., V0 It is expressly understood that the GRANTOR 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. 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 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. EXECUTED this day of 2(c(/' 6.1 , 1991. NCNB TEXAS NATIONAL BANK By: 1 ( (G( By: /4e;:;%/10I,---- T Name: -DA ( D 1 1 , JTGGAeT Name: �(�i1i �ieVis Title: V( / L S /dTitle: /gees/4- ! RDA\EASTMARK.DOC vo, `� 1 J ra;t: 1.31 ACCEPTED AND APPROVED: CITY OF COLLEGE STATION, TEXAS By: L1 ."- . ..-- Name: , 1 Ay L o(,I Title: OJ,/ 1"AJ1 L1( ACKNOWLEDGEMENTS STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on this j3 ` -� day of ,...)-{k_I L , 1991, by .(&(,tic 1 JJ lik , t , ,, , Vice President 6f NCNB Texas National Bank, a national banking association, on behalf of said association. F, L i rRAcALE < r , rary Fu,,c 7- ( I �.G l (-C C- CO._� � � i ' IF TEXAS 't i >� , Notary Public in and fol t.,,,;:,,,, , h;;.0J-17-o- the State of Texas ...,4 . *..% -.4.'v d'do+8'/NNE,pd.FF'd`Cti!: () _- / (- ! . / J; 'f I / .,t (41.k 1 Commission Expiration Printed Name STATE OF TEXAS § § COUNTY OF HARRIS § -�i c( This instrument was acknowledged before me opthis --, 5 day of J O ' , 1991, by /I( 0.I K n1 YL, b ,,', , l(l t t i CLt t ? -1 of NCNB Texas National Bank, a national banking association, on behalf of said association. LISA fl rRAGALL 4 a r!GU'y Pub Notary Public in and for/ 44...;;,,,,,d0,6,--v1,,,..,,,.:."—< . m.Y.,'01, the State of Texas L .k, I 1 , ( I(___ Commission Expiration printed Name vo. 1311 P c:132 41N RDA\EASTMARK.DOC > JUL, Lb 71 i-� �o - - • Exhibit "A" SANITARY SEWER EASEMENT BEING a 5,537 square foot tract of land located In the Morgan Rector League, Abstract No. 48, In the City of College Station, Brazos County, Texas, and being part 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 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 201.21 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 Ma 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 04° 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 poles 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, DRBCT; THENCE, North 55°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 POINT OF BEGINNING,containing 5,537 square feet of land. r Lip • '; . /.. • ift (, ,w ICY. 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