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1993V1730P319 yj- y / / �y � r- r Ur 2_ S 6.1T. CORRECTION UTILITY EASEMENT (Specific Property) STATE OF TEXAS ) i / , 1 KNOW ALL MEN BY THESE PRES " " : : COUNTY OF BRAZOS 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 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 "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 sanitary 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 proiect. 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. This Correction Utility Easement is made in place of and to cor- rect a Utility Easement from GRANTOR to GRANTEE dated October 25, 1991, and recorded in Volume 1371, page 75, in the real property records of Brazos County, Texas. By mistake that Utility Ease- ment was dated October 25, 1991, and the acknowledgment thereto was inadvertently dated as October 24 , 1991. This Correction Utility Easement is made by GRANTOR and accepted by GRANTEE to correct that mistake, is effective on October 25, 1991, and in all other respects confirms the former Utility Easement. EXECUTED this o� day of 1993 . MARTELL CHILDREN'S T T IP - BY: Ptt, ' ' 1 , Trus e APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS COUNTY OF HARRIS * ACKNOWLEDGMENT Thieinstrument was acknowledged before me on the °l day of , 1993 , by JERRY T. PAUL, Trustee for MARTELL CHILDREN'S RUST, on behalf of said trust. //17-) A / -'-- - Joe Orr, Inc. Sun•cyors h Engineers R(. 3 Box 413 Collcgc Station, Tczas 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, .J rbydeed recorded in Volume 334, Page 340 of the Deed Records of Brazos he said Martell and Guseman tracts. 1147.06 feet. from the westerly common cornerof 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. r{.. fir 7 - 1."01l O I -0:. 1C75 :Q EXHIBIT ,�A, '4- `id su. \!'`'' VOL 17B0 321 Jac Orr, Inc_ Surwy s&Engineers Rt.3Box 413 Collcgc Station,Tcxas 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 lying 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 inVolume- 3 ,fe Page t o 40of m the the westerly Records of Brazos County, Texas, common corner of the said Martell and Guseman tracts. Thence N 44° 54' 00" W - 508.82 feet through the said Marten 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. von 1730 PAS,.-322 `XliIBI` "B'