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1991V1371P75 477349 g UTILITY EASEMENT nr 5 (Specific Property) STATE OF TEXAS ) Y r KNOW ALL MEN BY T. SEL 'R SE►L S: COUNTY OF BRAZOS ) N: / That, MARTELL CHILDREN'S TRUST, GRANTOR, 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 considera- tion, 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 and a 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 in College Station, Brazos County, Texas, being an easement thirty feet (30 ' ) in width and a temporary construction easement ten feet (10 ' ) in width through that 20. 69 acre tract conveyed to Robert D. Martell by deed recorded in Volume 334 , Page 340 of the Deed Records of Brazos County, Texas. Provided, however, that the 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 "Construc- tion Area, which area is necessary to construct, install and attach structures and equipment incident to the uses of the permanent utility easement, said easement more fully depicted in the attached Exhibit "B" . To erect, construct, install, and thereafter use, operate, in- spect, repair, maintain, reconstruct, modify, and remove sanitarx 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 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. It is further understood and agreed that the construction ease- ment shall exist until the completion of the project. It is also agreed that the expiration of this construction easement shall not affect the GRANTEE'S right to utilize the permanent easement area depicted in the attached Exhibit "B" . 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 subordinations or /601-4.— releases on behalf of GRANTEE. GRANTEE expressly agrees to return the construction easement area to its original condition, or as close thereto as is reasonably ;g.ec.jei2:7possible. ' ` iC.✓ ✓i 71.2,1.- ': . r .� rrt ,.` ?c s- ri,. fre, e .^"( .,)/(7/c / 7/� 7S f Asn 1 VOL 1371 75 - +� �s� 2�0�r_i /37/n?3 a tics �/ /31/ - 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 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 ,25- day of A-46-6 , 1991. MARTELL CHILDREN' S TRUST • ustee 7%, APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF HARRIS * /� Glc 7/RC1✓�-- ' This instrument was acknowledged before me on the T`/ r day of Lt.k3 , 1991, by RO , Trustee for MARTELL CHILDREN' S TRUST, on behalf of said trust. 7_,Y( t Not ry Public in and for the State of T E X A S ✓> p,`� 11111111111''` VOL DTI I,A.1- Joe Orr, Inc. Sunveyors c4 Engrncers Rt. 3 Box 413 College Station, Texas 77845 (409) 690-3378 10' Temporary Construction Easement Robert D. Martell Tract Morgan Rector League College Station, Texas 17 April 1990 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being an easement ten feet (10') in width through that 20.69 acre tract conveyed to Robert D. Martell by deed recorded in Volume 334, Page 340 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the line between the said Martell 20.69 acre tract and that 20.69 acre tract conveyed to LF. Guseman, Jr. by deed recorded in Volume 334, Page 340 of the Deed Records of Brazos County, Texas, N 41° 15' 31' E - 1147.06 feet from the westerly common corner of the said Martell and Guseman tracts. Thence N 44° 54' 00" W - 508.82 feet through the said Martell tract to the southeast line of Raintree section four addition to the City of College Station, Texas, according to plat of record in Volume 474, Page 781 of the Deed Records of Brazos County, Texas, at a point located S 41° 13' 54' W - 196.72 feet from an iron rod found at the most easterly corner of the said Raintree section four; Thence N 41° 13' 54" E - 206.72 feet along the southeast line of the said Raintree section four; Thence S 48°46' 06' E - 10.00 feet; Thence S 41° 13' 54" W - 197.38 feet parallel to and ten feet (10') from the southeast line of Raintree section four; Thence S 44° 54' 00" E - 498.80 feet through the said Martell tract to the line between the said Martell and Guseman tracts; Thence S 41° 15' 31" W - 10.02 feet along the line between the said Martell and Guse- man tracts to the Point of Beginning and containing 0.16 acres of land more or less. Cr nom^ • /nom I \• P ,o: 1475 EXHIBIT "A" -C ... MJF. vry 1 :x`l1 77 Joe Orr, Inc. Sunwrs& Engineers Rt. 3 Box 413 College Station,Texas 77845 (409) 690-3378 30' Easement Robert D. Martell Tract Morgan Rector League College Station, Texas 17 April 1990 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being an easement thirty feet (30') in width through that 20.69 acre tract conveyed to Robert D. Martell by deed recorded in Volume 334, Page 340 of the Deed Records of Brazos County, Texas, and tying fifteen feet (15') each side of the following described centerline: Beginning in the line between the said Martell 20.69 acre tract and that 20.69 acre tract conveyed to LF. Guseman, Jr. by deed recorded in Volume 334, Page 340 of the Deed Records of Brazos County, Texas, N 41° 15' 316 E - 1132.02 feet from the westerly common corner of the said Martell and Guseman tracts. Thence N 44° 54' 00" W - 508.82 feet through the said Martell tract to the southeast line of Raintree section four addition to the City of College Station, Texas, according to plat of record in Volume 474, Page 781 of the Deed Records of Brazos County, Texas, and the end of this easement at a point located S 41° 13' 54" E - 211.76 feet from an iron rod found at the most easterly corner of the said Raintree section four. 1A/11111111FT/73 r • 1371_ EXHIBIT "B" VOL8