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1991V1330P306 • UTILITY EASEMENT Q 7 - (Specific Property) FEW I. S STATE OF TEXAS ) KNOW ALL MEN BY THESEEi '�'s '� COUNTY OF BRAZOS ) `'% /4. That, MICHAEL WAYNE THILTGEN, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, and VIRGINIA HERMANN, Individually, 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 con- sideration, 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 Munici- pal Corporation, certain rights and interests in the nature of a perpetual EASEMENT and Temporary Construction Easement on and through the following described property: 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 perma- nent easement twenty-five feet (25 ' ) in width through that 139 . 2 acre remainder of that 438 . 0 acre tract con- veyed 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. 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 "25 ' Permanent Easement and 20 ' Temporary Construction Easement Area" , which construction easement area is necessary to construct, install and attach structures 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 and 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 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. 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 the 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. i �- 1 �0. -1-330PACE 306 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 , �.5 t" day of 1-4 , 1991. /). , _ --0.- - MICHAEL WAYNE THILTGEI ; Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased V . A------t-- t.e...,..----a-....:-D VIRGINIA HERMANN APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * Thi instrument was acknowledged before me on the _22,f day of (/(4/64- , 1991, by MICHAEL WAYNE THILTGEN, Individually and a8 Independent Executor of the Estate of Lydia Frances Boriskie, Deceased. l 1 �`"",by> NORMA LEE CANALES J ild-YC -l:r 0 tC L (�,2 i. 4k ,� Notary Park,state of terms Notttt"'ary Pu l is in and for �,, �° ,J M1Commission Eapres the State of T E X A S '.�.�„,o;' SEPT.21, 1992 STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * Th instrum nt was acknowledged before me on the /.S-" day of 'C� , 1991, by VIRGINIA HERMANN. eff:7-77-- —...—..,.,,:. 91.--/ . 6 tz r,�f7JF;rp"tE SC I Notary Public in and for ATA the State of T E X A S R, 1 t r;' ,,_ S_r,fe if Texas �Y ,,,rim,wn :apires 2-21-93 lP, vo. 1_;.3U rAGt 307 EXHIBIT A 25' PERMANENT EASEMENT & 20' CONSTRUCTION EASEMENT BORISKIE ESTA 1'E/139.2 ACRE REMAINDER TRACT MORGAN RECTOR LEAGUE, ABS FACT 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 twenty-five feet (25') in width through that 139.2 acre remainder of that 438.0 acre tract of land 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 west corner of said 139.2 acre remainder tract, the most southwesterly corner of that 9.74 acre tract conveyed to the City of College Station, Texas by deed recorded in Volume 368, Page 336 of the Deed Records of Brazos County, Texas, and on the easterly right-of-way line of State Hwy. 6 (Fast Bypass); a found concrete ROW marker bears N 32°02'39" W at a distance of 336.62 feet; Thence, S 32°02'39" E a distance of 666.05 feet with said right-of-way line to the POINT OF BEGINNING of this description; THENCE N 57°57'21" E a distance of 25.00 feet across said 139.2 acre tract for corner; THENCE S 32°02'39" E a distance of 304.93 feet for corner on the northerly boundary—a-a thi1ty Poet-.f30') easement conveyed to the City of College Station, Texas, and recorded in Volunte , Rag ()lithe Deed Records of Brazos County, Texas; THENCE S 85°18'09" W a distance of 28.15 feet with said easement line for corner on the easterly right- - '.,\ of-way line of State Hwy. 6 (East Bypass); the northwest corner of that 14.27 acre tract conveyed to Davis McGill by deed recorded in Volume597,,Page 226 of the Deed Records of Brazos County, Texas, bears S 32°02'39" E a distance of 111.13 feet; a found concrete ROW marker bears S 32°02'39" E a distance of 803.84 feet; THENCE N 32°02'39" W a distance of 292.00 feet with said right-of-way line to the POINT OF BEGINNING and containing 0.171 acres, more or less, as shown on Exhibit B. Also,an additional twenty-foot (20') wide temporary construction easement along both the northerly and westerly boundaries of above described twentyfive-foot (25') wide permanent easement, for a total width of forty-five (45') feet, as shown on Exhibit B, is hereby granted until one (1) year after the completion of a sanitary sewer in the above permanent easement. OF P:k srE'`tiF+ i w' � 1�• 1� '/011 Roo •e' SUR July 25 , 1991 vA: 1330 MG!308