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1991V1330P303 UTILITY EASEMENT 91 7.) —6 P11 1: (Specific Property) S' STATE OF TEXAS ) C KNOW ALL MEN BY THES �jR ES N!'S — l OUNTY OF BRAZOS ) (:' _ :.cra <`-=�"✓' That, MICHAEL WAYNE THILTGEN, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, and VIRGINIA HERMANN, GRANTORS, of the County of Brazos, 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 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 EASE- MENT and Temporary Construction Easement on and through the following described property: All that certain tract or parcel of land lying and be- ing situated in the Morgan Rector League, A-46, in College Station, Brazos County, Texas, being a Perma- nent Easement twelve feet (12 ' ) in width through that 139 . 2 acre remainder of that 438 . 0 acre tract conveyed to V.J. Boriskie by deeds recorded in Volume 47 , Page 499; Volume 136, Page 359; and Volume 152 , Page 608 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 cen- terline on the attached Exhibit "A" , and depicted in the attached Exhibit "B" , known as the "12 ' Permanent Easement and 35 ' /40 ' Temporary Construction Easement Area" , which construction ease- ment area is necessary to construct, install and attach struc- tures and equipment incident to the uses of the permanent utility easement area. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove sani- tary sewer lines 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 vege- tation on 4nd 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 equip- ment and facilities placed upon said property shall remain the property of GRANTEE. It is understood and agreed that any and all equipment and facil- ities placed upon said property shall remain the property of GRANTEE and that the existing above-ground line will be removed. It is understood and agreed that pine trees in the easement area will not be disturbed. It is further understood and agreed that the construction ease- ment shall exist until one year after the completion of the project. It is also agreed that the expiration of this construction ease- ment shall not affect the GRANTEE's right to utilize the perma- nent easement area described above. GRANTEE expressly agrees to return the construction easement area to its original condition, or as close thereto as is reasonably possible. 2 1 1 . VOL 1330rAc 303 There is hereby conveyed unto GRANTEE all of the oil, gas and other minerals in and under and that may be produced for twenty- five feet (25 ' ) below the surface of the above-described easement, with no right of ingress and egress at any time for the purpose of accessing the easement for the development of said easement for oil, gas and other minerals and removing the same therefrom. It is expressly understood that the GRANTORS or future owners of this property reserve the right to use this EASEMENT for all pur- poses 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 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. EXECUTED this 44:5'/- day of (;�,(.( , 1991. MICHAEL WAYNE HILTGEM Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased \(-- ^ ---\ - 1 A--Q.A.-----,--._..) VIRGI IA HERMANN APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * ThiA instrument was acknowledged before me on the 21Y' -day of (C(-1<'Lti-1 , 1991, by MICHAEL WAYNE THILTGEN, Individu- ally .end as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, and in the capacity therein stated.(LA*_ �r;''" '"'4�, NORMA LEE CANAIES r. .n, NotaryPublicStateof Taxes , it . A ri�� MyCommissionE:pre: No, ary Pu.lic in and fo'..,a!1 SEPT.21, 1992 the State of TEXAS STATE OF TEXAS * * COUNTY OF BRAZOS * Ta instr ent was acknowledged before me on the St` day of -i .( , 1991, by VIRGINIA HERMANN. 0000000. cq ., . ter. TIr I^ i ;,r/ �{ r1 Notary Public in and for the State of T E X A S 2 voL 1330°Act 304 EXHIBIT A 12' PERMANENT EASEMENT & 35'/40' TEMPORARY CONSTRUCTION EASEMENT BORISKIE ESTATE/139.2 ACRE REMAINDER TRACT MORGAN RECTOR LEAGUE, ABSTRACT 46 COLLEGE STATION, TEXAS JULY 25, 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 Permanent Easement (12') in width through 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 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 a„, existing 18" sanitary sewer; same point also being on the west property line of said 139.2 acre remainder „'. tract and to which a concrete ROW marker bears southeast a distance of 784 feet, more or less, and a , '�( d Vit;.+ manhole bears S 85°18'09" W a distance of 12.64 feet; THENCE N 85°18'09" E a distance of 509.64 feet, to a manhole on the existing 18" sanitary sewer line; THENCE, N 81°23'34" E a distance of 131.52 feet . ' , t t� to a point on the easterly boundary of an existing 15' wide easement conveyed to the City of College Station G' "` ``'' r" # and recorded in Volume, j g X230 of the Deed Records of Brazos County, Texas; THENCE, N 3°22'31" W a distance of 22.53 feet along the easterly easement line of said 15' wide easement to the ' northerl,y,bounziary o(.a 30' wide easement conveyed to the City of College Station and recorded in Volume i " , Paige and ttie POINT OF BEGINNING of said 12' permanent easement: THENCE, N 3°22'31"W parallel and 7.5 feet east of an existing 15" elevated sewer line and coincident with the easterly boundary of s' aid�15 wide easement a distance ofi607.25 feet tc� a point for corner; THENCE, N 86°37'29" E across said 139.2 acre remainder a distance of 12.0 feet to a point for corner; THENCE, S 3°22'31" E parallel to and 19.5 feet east of said existing 15" elevated sewer line a distance of 605.92 feet, more or less to the northerly boundary of said 30' wide easement; THENCE, S 80°19'15" W coincident with northerly boundary of said 30' wide easement a distance of 12.07 feet, more or less to the east boundary of said 15' wide easement and to the POINT OF BEGINNING and containing 0.17 acres, more or less. A 35-foot wide temporary construction easement is granted along the easterly boundary of the said existing 15-foot wide easement; the southwesterly corner of said 35-foot easement being the POINT OF BEGINNING of the 35-foot wide temporary construction easement and of the said 12-foot permanent easement; Thence the westerly boundary of the said 35' temporary easement continues N 3°22'31" W a distance 607.25 feet coincident with the easterly boundary of said existing 15-foot sanitary sewer easement to a point for corner; Thence the westerly boundary proceeds northwest along the east side of said 15-foot wide easement a distance of 20.0 feet. Also, a 40-foot temporary construction easement is granted whose centerline begins at the existing manhole where the elevated 15" line crosses the 18" sanitary sewer line, said manhole being the POINT OF BEGINNING of the 40-foot temporary construction easement; Thence the centerline continues S 3°22'31" E, coincident with the elevated 15" sanitary sewer, a distance of 213 feet, more or less to the center of Wolfpen Creek and the common property line between said 139.2 acre remainder tract and that 14.27 acre tract of land conveyed to Davis McGill by deed recorded in Volume 597, Page 226 of the Deed Records of Brazos County, Texas. Both temporary construction easements are hereby granted until (1) year after the completion of construction of a sanitary sewer line in the above 12- foot wide permanent easement. I4P�°rs.Tf •.r k 9 , CI.. ! .� wt/.a1 44E..v ', ^7 ! ,'/ '� 75 �• A0111,1" � 4, \\�suw . July-5J, 1991 r VOL 1330 PAC!305