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1991V1396P139 1 . UTILITY EASEMENT (Aerial) (Specific Property) STATE OF TEXAS ) ( ) ( KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS ) ( That, JOHN C. CULPEPPER, III, GRANTOR, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, and 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 Aerial EASEMENT over and above the following described property ("Grantor ' s Property") : All that certain tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. 50, in College Station, Brazos County, Texas, being a part of that 5. 13 acre tract conveyed to John C. Culpepper III by deed recorded in Volume 1190, Page 466 of the Official 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 being over a plane twenty feet over the land surface of the property more particularly described by course, width, and centerline on the attached Exhibit "I", known as the "Easement Area" . In addition to the Easement, rights, and privileges herein conveyed, Grantee shall have the right to use so much of the surface of Grantor's Property as may be reasonably necessary to construct, inspect, replace, repair, maintain, reconstruct, modify, remove, and install within the right-of-way granted hereby the facilities contemplated by this grant. Upon the completion of any such construction, inspecting, repair, replacement, maintenance, reconstruction, modification, removal or installation, Grantee shall replace and restore all pavement surfaces, fences, walls, or other structures which may have been damaged, relocated or removed by Grantee for such purposes, and Grantee shall pay Grantor reasonable compensation for and such fences, walls, paving or other structures which may not be replaceable, and for such vegetation as may have been damaged or destroyed during such construction, inspection, repairing, modification, replacement, maintenance, or removal. Grantee shall be entitled to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric, television, telephone, and communications transmission and distribution lines; 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 GRANTOR, which might interfere with or threaten the operation and maintenance of any of the aforesaid public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed within the Easement Area shall remain the property of GRANTEE. GRANTOR expressly subordinates all of GRANTOR'S rights of surface use incident to the mineral estate to the above described uses of /& J said surface by GRANTEE, and agrees to request lender' s subordinations on behalf of GRANTEE upon request. 6:2 J-e/,‘_) fo , n ,d i future It is expressly understood that the GRANTOR or EASEMENT for Owners aof f this property reserve the right to use this 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 himself, his successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, whXASoeand its successors and assigns, against every person thereof, by, lawfully claiming, or to claim same, or any part through, or under GRANTOR, but not otherwise. EXECUTED this f_? to day of Decent b e/' , 1991. ' ���P��� OHN C. CUL P ER, III APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. 21r5m4-\-- ACKNOWLEDGEMENT STATE OF TEXAS ) ( ) ( COUNTY OF BRAZOS ) ( This instrument was acknowledged before me on the � _ day of C,E o'1re- , 1991, by JOHN C. CULPEPPER, III. •►�"P`'� P.LLISON WALLACE Al �l I i A ` I 4 ,�° NOTARY PUBLIC 4:9 ..-)'... °Al) State of Texas `ot'ry Publ c n and for ♦'�OFAV Comm. Exp. 114495 the State of T E X A S Joe Orr, Inc 2167 Post Oak Circle College Station,Texas 77845 (409)690-3378 20' Powerline Easement John C. Culpepper Ill Tract J. E. Scott League College Station, Texas 7 November 1991 All that certain tract or parcel of land lying and being situated in the J.E. Scott League, Abstract No. 50, In College Station, Brazos County, Texas, being a part of that 5.13 acre tract conveyed to John C. Culpepper Ill by deed recorded In Volume 1190, Page 466 of the Official Records of Brazos County, Texas, and being an easement twenty feet (20') in width lying ten feet (10') each side of the following described centerline: Beginning at the most easterly corner of The Ramparts addition to the City of College Station, Texas, according to plat of record in Volume 477, Page 145 of the Deed Records of Brazos County, Texas, which is also an inside corner of the said Culpepper 5.13 acre tract. Thence S 44' 34' 48" E - 204.9 feet, along an extension of the northeast line of the said The Ramparts, through the said Culpepper 5.13 acre tract to the northwest line of the that 0.516 acre tract conveyed to MB Development Company by deed recorded In Volume 1302, Page 4 of the Official Records of Brazos County, Texas, to the end of this easement at a point located S 45' 31' 15"W-77.3 feet from an iron rod found marking the most northerly corner of the said 0.516 acre tract and N 45' 31' 15" E - 72.4 feet from an "X" in the concrete curb marking the most westerly corner of the said 0.516 acre tract. *1 f _ EXHIBIT "I"