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1991V1348P161 • - 474803 D UTILITY EASEMENT (Specific Property) 91 OCT -7 PM 2: 30 STATE OF TEXAS ) 'Sc Ut. Y cOoF TiiJJSE KNOW ALL MEN BY 'I 1' a / COUNTY OF BRAZOS ) I, That, FIRST STATE BANK OF BREMOND, a Texas Banking Corporation, GRANTOR, of the County of Robertson, 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 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 perpetual 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-feet (20 ' ) in width through that 6. 80 acre tract of land conveyed to D.W. Gugenheim, Trustee by deed recorded in Volume 1038 , Page 785 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 as course, width, and centerline on the attached Exhibits "A" and "B" , known as the "Easement Area", and any additional area outside the easement area necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; - Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; • Storm sewers and collection facilities; - Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said property as herein described and any way, 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 property shall remain the property of GRANTEE. It is further understood and agreed that the construction ease- ment shall exist until one (1) year after completion of construc- tion of a sanitary sewer in the above permanent easement. 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 depicted in the attached Exhibit "A" . GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agree to provide lender ' s subordinations or ✓ releases on behalf of GRANTEE. 24GRANTEE expressly agrees to return the construction easement area / to its original condition, or as close thereto as is reasonably ��/ P � 1 _._. _ ��)" VO_ I ri48rgc 61 f ;{; possible. It is expressly understood that the GRANTOR 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 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. EXECUTED this £J tA,- day of , 1991. FIRST ST E BANK OF Bj"MO D BY* , / Ti President APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. Vc STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF ROBERTSON * Thi instrument was acknowledged before me on the 2( /k day of , 1991, by Kenneth W. Swick as Present of First State Bank of Bremond, a Texas Banking Corporation, on behalf of said corporation. t-U V ' Notary Plblic in and for the State of T E X A S SSSS rad /4;7 I r1 V r r n / i � r � vo, _�_.�48 PASE 162 2 EXHIBIT A 20 ' PERMANENT EASEMENT & 10 ' CONSTRUCTION EASEMENT D.W. GUGENHEIM, TRUSTEE/6. 80 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 permanent easement twenty-feet (20 ' ) in width through that 6.80 acre tract of land conveyed to D.W. Gugenheim, Trustee by deed recorded in Volume 1038, Page 785 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at the northeasterly corner of said 6.80 acre tract of land, same being on the westerly right-of-way line of Dartmouth Street and on the southeasterly corner of that 6. 18 tract of land described in the Wood Brook Condo. Assoc. Declaration as recorded in Volume 578, Page 1 of the Deed Records of Brazos County Texas; THENCE S 45'44 '49" W a distance of 10 feet to a point on the common property line between the said 6.80 and 6. 18 acre tracts and on the westerly boundary of an existing ten-foot (10' ) wide utility easement recorded by plat in Volume 436, Page 481 of the Deed Records of Brazos County, Texas, and the POINT OF BEGINNING of this description; THENCE S 44 °15 ' 11" E a distance of 20. 00 feet to a point for corner on the westerly boundary line of said utility easement; THENCE S 45'44 ' 49" W a distance of 200 feet across said 6 . 80 acre tract to a point for corner; THENCE N 44'15' 11" W a distance of 20. 00 feet to a point for corner on the common property line between said 6.80 and said 6. 18 acre tracts; THENCE N 45°44 ' 49" E a distance of 200 feet, more or less, along said common property line to the POINT OF BEGINNING and containing 0. 092 acres, more or less, as shown on Exhibit B. Also, an additional ten-foot (10 ' ) temporary construction easement along both the southerly and westerly boundaries of the above described 20-foot permanent easement, for a total of 210-feet by 30-feet, as shown on Exhibit B, is hereby granted until one (1) year after the completion of construction of a sanitary sewer in the above permanent easement. E. RiciEVOY .^ •SUR / 1,9(ell vo. 1_348 rArc 1 63 S cn LA c7 i, ` Di m U a O CL tt r / z ! ? 1 j 9 s f_ .::: . o 0 _ v 1 \ LP PI x co ISI � 1 m � X20' r o 0 z o 0 c) 2 QUI 2 r4 0O • m2 ItIi f ' 0) v2 o o z R I � CO ch,�� _ m �'" CD) mo N 0 �) m' ., O' f PI 33 0 - z ( NI ; IN : 0 o a xhz ojz b 0 — PO o cn W o � ` o a_o �, z „ rn—1 m m m o D rn I : Ifq,.. f + i I : g . :� I0'UTILITY ESMT. tTi : I :'f VOL 436,P0.481 R.O.W. UNE----ft' 0 0 344°15'11'1E -20.00'-4:'..... r m p3N (1-- -D-ARTM$UT E E T - 06 o D r. z c a) W rn > `v zm �'' ° 0 c 0 X C • aDc D D = R.0.W. 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