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-RIGI-iT-OF-WAY EASEMENT '„ ~::~.. ~ : ~.fEr•
(F_FFLUENT PIPELINE) : ~, ~..Y ; ;- . ~•_~
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I. Grar~ 9f Easement: DONALD N. CONLEE, DOUGLAS M. CONLEE,
rind J.D. (JACK) CONLEE of the County of Brazos, State of Texas, hereinafter
.referred to as "GRANTOR," for and in consideration cif the sum cif TWELVu
TI-iOUSAND THREE HUNDRED TWO AND NO/100 ($12,302.00) rOLLARS
to GRANTOR in hand paid by TEXAS A&M UNIVERSITY, hereinafter rcfccrcd
to as "GRANTEE," do hereby GRANT, BARGAIN, SELL AND CONVEY to
GRANTEE an effluent pipeline easement across certain .property of GRANTOR
located in Brazos County, Texas, more particularly described as follows:
t SEE ATTACHED EXHIBIT "A"
As further consideration for the grant of this casement, .GRAN-I'OR
.acknowledges. the receipt of SFVEN THOUSAND S1X 1-iUNDRED N[NGTY-
EiGI-iT AND NO/100 ($7,(19$.00) DOLLARS irr hand. paid by TEXAS A~~M
UNIVERSITY as full payment for screening vegetation necess;cry to stabilize the
soil and separate the granted easement from the rest and remainder of
GRANTOR'S property. It is expressly undcrstdod and ;cgrecd, GRANTEE shall
have n~~ additional monetary obligation or responsibility t~~ fl;rthc~ maint;iin such
screening vegetation.
II. Purt)ose end Location ofEasemcnt: Por the purpose of .operating,
constructing, and maintaining a permanent effluent out(all I~ipclinc, on Exhibit "A"
incorpi~rated herein for all purposes.
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IIi. Right of Access: The GRANTEE, its successors in function, and assigns are
herchy granted the right of ingress. and egress over, across, and under said easement
for the purpose of constructing, maintaining, repairing, replacing, and rebuilding its ,;
facilities.. The GRANTEE agrees to occupy the land only to the extent and for the
lengm of time n .essary .for .operating, constructing, maintaining, repairing,
replacing and rebuilding of such facilities
IV. Nv Fcc Int^rest Granted: It is specifically understood and agreed this is a
grant of an_cfGuent pipeline right-of-way easement only, and does not-grant the Ccc
or any interest in the mrierals, in; under, or to thc'land affected hereby.
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V. Hold Harmless: To the extent .permitted by the laws of the State of Texas,
GR~'~NTEE shai~ indemnify and save harmless GRANTOR, from any and all assts
or liabilities from injury or death to persons or damage to property arising out of the
negligence of GRANTEE'S employees, agents, or assigns iri the construction,
maintenance, repair, rebuilding, or operation of its facilities. '~
V1. Assil*nmcnt: GRANTEE shall ..ithout limitation or reservation have the
right to sell, assign, or convey this effluent pipeline right-of-way easement without
further action car consent on the part of GRANTOR.
VII. Special Provisions: The GRANTEE, its successors in function, and assigns
are herein made expressly responsible for controlling erosion within the casement
area by maintaining the integrity of the soil anii ground cover. GRANTOR agrees
to use best efforts in alerting GRANTEE as to occurrences of erosion. within the
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easement right-of-way.
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VI11. Entire A>'rcement: This instrument contains .the entire agreement t~ctwecn
the parties relating to the rights hcreiggranted and the obtiga:ions herein assumed.
Any oral representations or modifications concerning this instrtment ~h~'I he of no
force and effect excepting a subsequent modification in writing signed by the party
to he ci:..rged.
IX. Effective Date:. This agreement shall he deemed to be in force and effect as of
.the; ~'Q_day of . t~.~~
GRANTOR:
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DONALD N. CONLEE
~iS7. t~.;~S~~C~ VV1
DOUGLs~1S M. CONLEE
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J . (JACK) CONLEE
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STATI? OF TEXAS
.:OUNTY Of~ BRAZOS
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f-{lS INSTRUMEI:T was acknowledged hcfore me on the ~ 7 day of
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; I9~, by DONALD N. CONLEE.
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NOT 1RY PUBLIC, STATE OF TEXAS
STATE (~F TEXAS
COUNTY OF BRAZOS
Tf i[S INSTRUMENT wac acknowledged before me on the ~ `-'~ X~ day cif
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`:•' ~ c• C- - ~> ~ , 19~by DOUGLAS M. CONLEE.
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'~~~h-~-L ILCC~IGY
NOTARY PUB C, STATE OF TEXAS
STATE OF TEXAS
COUNTY OF BRAZOS
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THIS INSTRUMENT was acknowledged before me on the~~ day of
j 19~~ by J.D. (JACK) CONLEE.
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NOTARY PUBLIC, STATE OF TEXAS
GRANTOR'S ADDRESS: GRANTEE'S ADDRESS:
Mr. Donald N. Conlee Executive Director
Rc>utc 4, Box 600 Syystem Real Estate Office
Bryan, TX 77803 The Texas_A&M University System
College Station, TX 77840-1120
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[3EING A S'1"RIP OI° LANU (BUT OP "1'HE S7 EPHIiN lONEiS S[.IR\'El', AEiSTk,1C'f NO 27
SiTUAT[D IN E3}tAZ05 COUh~i'Y, TEtiAS, ACROSS AND n F:'.RT OF AN SSA ACRE TIt:~CT OF
1_gND CONVEI'ED TO JESS CONI:EE FROM t`f1SS 1_I1"A SHEL})URNf= f3Y AN 1NSTRUMEh'T- OI
RECORD, DATED FEvr<UARY 19, ]959, IN VOLCit`1F 19i, PAGE n?7 OP l'IIF [IRAZOS COUh`fl'
DEED RECORDS; THE CENTERLINE- 01= THE EASE~1[NT HEREIN E3EING MORE.
PARTICULARLI' pESCRIAED E3Y MFTES A:.D I3011;\I:)S AS (=0L1.0~~'S. TO ~~'Il';
fIEGINNING: At a point in th fenced Northucst brn~ndary lint n( said ~~',ti'= acrt Iraci, said point h~•uu•
Noah 53. 1T East, a distance of ?90.GS feet Yrom"a canuctr monununt found nn the East hank of \\ hn.•
Creek far tL•e Narthwest crnner of said ~~i acre uac:,
TfIENCE: South 1S• 19' 13' Tian, Ira~iiir said Nor;h~ecst bnundar}• line, r'ttir~nr.: a( t(k)7~' feet to a
point;
THENCE: South 2G' 05' 4S" ~VCSt, :rdistan<c of 5'(1't1 (c:t to a paint... t
• TI{ENCE: South 02. 40' 30" Last, a distant,: of i7'i]i feet tci a point,
THENCE: South (iF` 57' 1S' East, a distance of it i 71 feet to a point;
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THENCE: South 19• ~-!' a3' tiasl, a distance of 95.19 feet to the i'OIN'f OF TLf2~lINAIION of the
herein described ccntt:rlinc; said point bcin¢ ;`orth Si' ]x' jl" East, a distance of 519.9a feet from the
intersection of the fenced \Vctt Uoundary line of the a(orcmcntioncd b35 acre tiacl «~th the North bank of
the Brazos River;
P[}2htANL-NT [ASEMENT BEING ~' W1DE_ CO`TAI`1NG 1x1,429 SQUARI: FFET OR 325 ACRES
QF LAND, MORE OR LESS AND TFi`1P012ARY CONSTRUCTION G~SEM}:NT F3FING 50' kVli)E
CONTAINING Zi>,7)4 SQUARE F=EE3T OR _S .1 ACRES OF LAND, 1v10RE ORI.ESS.
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NOTICE OF EXISTENCE OF ,_ i., ~ ;i,.,t r
I UNRECORDED LETTER OF UNDERSTANDING"' :a 1 .' j
i //~Y ~ t _ . , tFCC,
'; STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
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THAT DONALD N. CONLEE, .DOUGLAS M. CONLEE, and J.D. (JACK)
CONLEE, of the County of Brazos, State of Texas, hereinafter referred to as "CONLEE"
' entered 6nro an unrecorded Letter of Understanding, dated August 24, 1992, and accepted by
CONLEE on August 28, 1992, which pertains to terms and conditions for-the granting to
TEXAS A&M UNIVERSITY, hereinafter referred to as "TAMU,"an ef#luent pipeline right-of-
w~ ease-~ent insofar as such easement crosses certain property of CONLEE located in Brazos _
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County., Texas, more particularly described as follows:
See Attached Exhibit "A"
The Letter of Understanding grants TAMU certain rights for the installation and
maintenance of a thirty-six inch (36") eftluent outfall pipeline, and establishes cerlizin erosion
control requirements as partial consideration for the granting of said easement. This notice is
executed and placed of record for the .purpose of recording the existence of a Letter of
Understanding, insofar as it affects the property described herein.
SYSTEM REAL ESTATE OFFICE
TIIE TEXAS A&M UNIVERSITY SYSTEM
BY: r.:~J C.
RI ~ARD . FL D
Executive Direc
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TEXAS A S N UI~'1VERSITY
SEu~ER OUTFALI EASEMENT
CO~'LEE PROP[RTY
BEING A STRIP OF t1+ND OUT OF THE STEPHEN JONES SURVEY, nBSTR~CT NO. 27
SITUATED IN BRAZOS COUNTY, TE.`C.a.S, ACRJSS AND A PART OF AN S3i ACRE TR.~C"T OF
tAND CONVEYED TO 1ESS CONLEE FROM f,1lSS LILA SHELBURNE BY AN INSTRUME~'T O(
RECORD, DATED FEBRUARY 19, 1919, IN VOLUME 19i, Pr.GE 427 OFJ'F'E ORAZOS CJU~TY
DEED RC•CORDS; THE CENTERLINE OF THE EASEMENT HEREIN BEING MORE.
PAP,TICUtARIY DESCRIBED BY METES A_~'D BOUNDS AS FOLLOWS, TO WIT;
BEGINNING: At a point in the fenced NorthM~est boundary line of said 88i acre tract, said point bone
North 53' 1T East, a distance of 240.63 feet from a concrete monument found on the East bank of ~~`hit:
Crcck (or the Northwest corner of said 835 acre tract,
THENCE: South 13. 19' l~ East, lca~in¢ said \onhwcst boundary line, a distance of 3,007.4? acct to a
point;
THENCE: South 26. Oi' 43' West, a distance of i'_0?0 feet to a point;
THENCE: South 02. a0' 30' East, a distance of i77.7i feet to a point;
THENCE-: South 6G' 5T 13' Eau, a distance o(i13.71 feet to a point;
THENCE: South 19' a' 43' East, a distance o(9i.19 Iccrto the POINT OF TERMINATION of the
herein described ccoterline; said point being North 8i' 14' il' East, a distance of 819.94 feu from the
intersection of the fenced West boundary line of the a(orcmcntioncd 885 acic tract with the North back of
the Brazos River,
PERMANENT EASEMENT BEING 30' WIDE COh?AlN7NG lat a29 SQUnRE FEET OR 3.2i ACRES
OF IJ~Ati), MORE OR LESS AND TENtPORAfiY CONSTRUCTION EASEMENT BEING SO' WIDE
CONTAINING Zii,714 SOUAFtE FEET OR 5.4.1 ACRES OF LAND, MORE UR LESS
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