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1991V1371P79 •0•) () r- 9 UTILITY EASEMENT (Specific Property) 9; J STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: ' COUNTY OF BRAZOSAr ) Y re/ / 1,5; THAT, DWAYNE L. RHEA AND WIFE, JEWEL RHEA, GRANTORS,- of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, cash, and other good and valuable consideration, in hand paid to GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowl- edged, 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 EASEMENT on and through the following described property: All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot Ten (10) , Block "B" , LINCOLN PLACE TRACT TWO, an addition to the City of College Station, Brazos County, Texas, according to the plat recorded in Volume 481, Page 371 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" , and any additional area outside the easement area neces- sary to install and attach all equipment and facilities 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 a gravel roadway upon, over, and across said property as herein described; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTORS, which might interfere with or threaten the ingress and egress of vehicles across said roadway. GRANTEE expressly agrees to not hinder GRANTORS ' existing two (2) parking spaces on their property or in the event that the ease- ment does affect said parking GRANTEE will construct two (2) parking spaces at another location on the lot. GRANTORS expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agress to sublender' s subordination on behalf of GRANTEE upon request. 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 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 party thereof. EXECUTED this r` ! day of , 1991. D A'NE L. J or, RHEA VOL 1171 PAr� ?J APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-S2 E-S BMISSION FOR APPROVAL. A-9 STATE OF TEXAS ) TITUS ) ACKNOWLEDGEMENT COUNTY OF MUM( ) This instrument was acknowledged before me on the 30 th day of October , 1991, by DWAYNE L. RHEA and wife, JEWEL RHEA. )(7eW/ore?-)6L--7 '', 'M .�PY Ft..:,,'. i • Notary Pubic in and for ;.. 4 . ` 4 c.' % • The State of Texas tP 714c:<4. fxr,.Vs 4:: "t 371 VOL 1PAS!. 80 - 2 - FIELD NOTES 25'Access Easement Being a 25.00 foot access easement lying and being situated in College Station, Brazos County, Texas and being a part of Lot 10 Block "B"of LINCOLN PLACE, TRACT TWO, according to the plat recorded in Volume 371 page 481, Deed Records of Brazos County, Texas and being described as follows: BEGINNING: at a 1/2"iron rod set for the north corner of said Lot 10 and of the herein described tract being on the southeast right-of-way line of Wellesley Court; THENCE: S 45°00'(X "E- 141.50 feet to a 1/2"iron rod set for the east corner of the said Lot 10 and of the herein described tract, being a common corner of Lots 9 and 10; THENCE: S 45°00'00" W-25.00 feet along the common line between the said Lots 9 and 10 to an "x" chiseled in concrete for the south corner of the herein described tract; THENCE: N 45°00'00" W- 141.50 feet across said Lot 10 to a 1/2" iron rod set for the west corner of the herein described tract, being on said southeast line of Wellesley Court; THENCE: N 45°00'00"E - 25.00 feet along said southeast line of Wellesley Court to the PLACE OF BEGINNING; and containing 3537.5 square feet of land, more or less, or 0.081 acres according to a survey made on the ground under the supervision of Donald D. Garrett, Registered Professional Land Surveyor, No. 2972 on May 8, 1991. • EXHIBIT "A" VOL 1: 71 , 81