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1991V1348P140 t . r",.- 11 C UTILITY EASEMENT (Specific Property) ; nr-r -7 Fm 2: 30 THE STATE OF TEXAS § • - " ' K § KNOW ALL MEN By THESE P" 'E' S: COUNTY OF BRAZOS § / -6 rAy• )7)b That, TAC REALTY, INC., a Texas Corporation, GRANTOR, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN AND NO/100 DOLLARS, and for others,i(xv,UeLio-&,, good and valuable consideration, in hand paid to GRANTOR by GTE SOUTHWEST, , a 71,010) Delaware Corporation, and the CITY OF COLLEGE STATION, TEXAS, a Texas Municipal Corporation, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said GTE SOUTHWEST, IlsiGimclAtA,C4TQWOLLEGE STATION, collectively GRANTEE, certain rights and interests in the filgrarenig"perVeltial public utilities EASEMENT on and through the following described property (the "Easement Area"): A 0.8684 acre (37,828 square feet) tract being a Public Utility Easement (P.U.E.) lying and being situated in both the Thomas Caruthers Survey, A-9 and the Morgan Rector League, A-46, College Station, Brazos County, Texas and being made up of all or parts of three tracts conveyed to T.A.C. Realty, Inc.; TRACT A, all of a 0.112 acre 10.00 feet wide strip recorded in Volume 1199, Page 68, TRACT B, 0.112 acre 10.00 feet wide strip (abutting TRACT A) lying in the southwesterly line of the 11.30 acres tract called Tract One in the Deed Recorded in Volume 1157, Page 194; TRACT C, 0.6444 acre strip being 10.00 feet wide on the southwesterly and northwesterly lines and 20.00 feet wide on the northeasterly line of the 15.769 acres tract recorded in Volume 1181, Page 198, all of the Deed Records of Brazos County, Texas, all as more particularly described on Exhibit"A" attached hereto and made a part hereof for all purposes. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: I ,;'E 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 dedicated public ways, 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 by GRANTEE upon said property shall remain in the property of GRANTEE. GRANTEE shall have the additional right to install outside of the Easement Area such guy wires and anchors as are reasonably necessary and incident to the uses of the Easement Area by GRANTEE; provided, however, that the improvements installed in the Easement Area and supported by such guy wires, shall be located along the center of the Easement Area so as to minimize the protrusion of any guy wires and anchors outside the Easement Area. GRANTOR expressly subordinates all of GRANTOR'S 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 releases on behalf of GRANTEE with respect to any existing liens on the P?cornent Ara; gr ants. b.y. C ANTOi 1. It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this EASEMENT and the Easement Area for all purposes which do not interfere with or prevent its use by the GRANTEE. FD/ 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 � 7 ‘TACREAL WOODCRK\EASEMENT.UTI (^C G) 1 148 rAsc_ 140 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, by, through or under GRANTOR, but not otherwise. The easement interest herein granted is conveyed subject to all prior easements, restrictions and encumbrances affecting the Easement Area, as the same appear in the Real Property Records of Brazos, County, Texas. By their acceptance hereof, as evidenced by their signatures below, the parties comprising GRANTEE, hereby release, and waive any rights under, the easement recorded in Volume 557, Page 657 of the Real Property Records of Brazos County, Texas. TAC REALTY, INC. By: 4ei_ ;t 4(. Keith H. Kuttler, Executive Vice President ACCEPTED: CITY OF COLLEGE STATION, TEXAS, a Texas municipal,cor oration i BY :/` i/---- Name: Title: GTE SOUTHWEST, LNC IKI TLoa..POrLAILZ a Dela corporation BY: 'c:`1'/ ,iy\ Name: Dennis F. Myers -LY- , - Title: Vice President - General Manager Southwest Region THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the( day of aftc _, 1991, by Keith H. Kuttler, Executive Vice President of TAC Realty, Inc., a Texas Co poration, on behalf of said corporation. (21)4C-4-11/ 4'�� KATHRYN NICKS NOTARY PUBLI�J, STATE OF TEXAS KV"7,4' NTM Publle d bee -A- CommissionbpimeV/17/94 Notary's Printed Name: My Commission Expires: THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the ' "day of , 1991, by4 � - ate, _of CITY OF COLLEGE STATION,TEXAS, 41: Texas,* n ci al corporation. r' ''(''. rl ('\TA ��/ r1f 1�1 '/Y STATE /'��' .. _.. 4 - ,:o ''' rJrL_I' , STATE OF TE 'S -ri ed Name of Notary: , ,,-:. IANC s S ci-kwAierz- ' -a g My Commission Expires: 1--'8-y i.1 \TACREALIWOODCRKIEASEMENT.Lai 1L_ 1 118r7rr141 THE STATE OF TEXAS § 'tom CA2661.1 § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before (((me on the 3 day of c�c ccc�„ 1991 (� by 1. -- , I P. ,n,5 ��,, . . ������ , jof GTE SOUTHWESr+NG, a Delaware iste corporation. lnlc.Davo2At6n )4-119--t a-ik-k-C.C) . - NOTARY PUBLIC, STATE OF TEXAS Printed Name of Notary: « ' = Let� - My Commission Expires: 8-11-9 \TAC R EAL 1 W 00 DC R K\EAS E M E N T.U T I vo 1118 r17:142 9002432 FIELD NOTES OF A 0 . 8684 ACRE ( 37 , 828 SQUARE FEET) TRACT BEING A PUBLIC UTILITY EASEMENT (P .U.E . ) THOMAS CARUTHERS SURVEY, A-9 AND MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Field notes of a 0 . 8684 acre ( 37 , 828 square feet) tract being a Public Utility Easement (P.U. E . ) lying and being situated in both the Thomas Caruthers Survey, A--9 and the Morgan Rector League, A-46, College Station, Brazos County, Texas and being made up of all or parts of three tracts conveyed to T.A.C. Realty, Inc . ; TRACT A, all of a 0 . 112 acre 10 . 00 feet wide strip recorded in Volume 1199 , Page 68, TRACT B, 0 . 112 acre 10 . 00 feet wide strip (abutting TRACT A) lying in the southwesterly line of the 11 . 30 acres tract called Tract One in the Deed Recorded in Volume 1157 , Page 194 ; TRACT C, 0 . 6444 acre strip being 10 . 00 feet wide on the southwesterly and northwesterly lines and 20 . 00 feet wide on the northeasterly line of the 15 . 769 acres tract recorded in Volume 1181, Page 198 , all of the Deed Records of Brazos County, Texas ; BEGINNING at an iron rod found marking a point on the northwesterly right of way line of Woodcreek Drive and lying 1050 . 74 feet northeasterly from the original Texas Avenue (State Highway 6 ) right of way line as shown on the final plat of the Woodcreek Subdivision, Section One recorded in Volume 529 , Page 23 of the Deed Records of Brazos County, Texas , said iron rod also marking the south corner of said TRACT A; THENCE N45°26 ' 56 "W, 116 . 91 feet along the southwesterly line of the said TRACT A to an iron rod found for corner marking the beginning of a curve to the right; THENCE along said curve for a distance of 170 . 35 feet (curve data: central angle = 16°00 ' 01 " , radius = 610 . 00 feet, tangent = 85 . 73 feet, the chord bears N37°26 ' 56 "W, 169 . 79 feet) , to an iron rod found for corner and end of said curve; THENCE N29°26 ' 57 "W, 200 . 31 feet continuing along the said southwesterly line of TRACT A to an iron rod found marking the west corner of the said TRACT A; THENCE N44°47 ' 11 "E , 10 . 39 feet along the northwesterly line of said TRACT A to an iron rod found for corner marking a common corner of said TRACT A and that of TRACT B and also the south corner of TRACT C; EXHIBIT "A" BUCHANAN/SOIL MECHANICS,INC. C A 84441 Cowl C;nniachnical and Maranais Fnn�noormn VO, R, `i f ,Mr.(' 0 . 8684 Acre ( 37 , 828 sq ft) Tract 9002432 Public Utility Easement College Station, Brazos County, Texas Page 2 THENCE N29°26 ' 57 "W, 457 . 20 feet along a southwesterly line of the said TRACT C to an iron rod found for corner; THENCE N44°47 ' 11 "E, 1498 . 73 feet along the northwesterly line of said TRACT C to an iron rod found for corner; THENCE S45°17 ' 03 "E, 440 . 00 feet along the northeasterly line of said TRACT C to an iron rod found for corner marking the east corner of the said TRACT C; THENCE S44°47 ' 11 "W, 20 . 00 feet along a southeasterly line of said TRACT C to a point for corner; THENCE crossing into the said 15 . 769 acres tract and along lines of the said TRACT C for the following calls : N45°17 '03 "W, 430 . 00 feet to a point for corner; S44°47 ' 11 "W, 1471 . 17 feet to a point for corner; S29°26 '57 "E, 446 . 81 feet to a point marking a common corner of said TRACT C and TRACT B; THENCE continuing S29°26 '57 "E, 205 . 95 feet along the northeasterly line of said TRACT B to an iron rod found for corner and beginning of a curve to the left; THENCE along said curve for a distance of 164 . 76 feet (curve data: central angle = 16°00 ' 01" , radius = 590 . 00 feet, tangent = 82 . 92 feet, the chord bears S37°26 '56 "E, 164 . 23 feet) , to an iron rod found for corner marking the end of said curve; THENCE S45°26 ' 56 "E, 117 . 21 feet along the northeasterly line of the said TRACT B to a point for corner in the northwesterly right of way line of said Woodcreek Drive; BUCHANAN/SOIL MECHANICS,INC. • • • Cava Geotechnical and Matenata Enanennno 0 . 8684 Acre ( 37 , 828 sq ft) Tract 9002432 Public Utility Easement College Station, Brazos County, Texas Page 3 THENCE S45°25 ' 33 "W, 20 . 01 feet along the said northwes- terly right of way line of Woodcreek Drive to the PLACE OF BEGIN- NING CONTAINING 0 . 8684 ACRE ( 37 , 828 SQUARE FEET) OF EASEMENT MORE OR LESS . Prepared from Survey made under my supervision in November 1990 By: Edsel . Burkhart Registered Public Surveyor t ..0F..2.4.. ' No. 2715 / EMI JAY BURKHART ) • 4%, 2715 . B•Fc/6TEAt-f0�` 1 SUO • BUCHANMECHANICS,INC. tin, I • R n,rc '1 dr, Gvd Geotechnical and Materials Engineering