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Home My WebLink About11-10-88-24 - Resolution - 11/10/1988RESOLUTION NO. 11-10-88-24 !'~ 7. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT TO GTE SOUTHWEST INCORPORATED FOR THE MAINTENANCE OF A PHONE CABLE TO THE LICK CREEK WASTE WATER TREATMENT PLANT. WHEREAS, on the 10th day of November, 1988, the City Coun- cil heard a request from GTE Southwest Incorporated for an .easement for the maintenance of a phone cable to the Lick Creek Waste Water Treatment Plant; and .:. 4' i~. WHEREAS, the City Council reviewed the proposed easement to:'. be executed by the City of College Station, and determined-.ii'...~~~.~ that execution of the easement would be in the best inter- est of the City; .-~ NOW, THEREFORE, BE IT RE SO LVED By the City Council of the .'.~~~ City of College Station that the Mayor is hereby authorized'i to execute the Easement attached hereto between GTE South- . west Incorporated and the City of College Station. ": PASSED and APPROVED this 10th day of November, 1988. '":' ---- 1- ~ .' ~r~~ ~._~R · '"i3 .-;.r - . .. ..,,, - ~..:-:.:..: ...'. :~li' ~.. .~ ~.~. ... ..... · .... ., .... = ..... ..?:-.>- ... ..... ~ '/ '?::::-':'." , EXCHANGE: CITY OF COLLEGE STATION 5416 ORDER NO.: 4E1808 EASEMENT STATE OF TEXAS ) ) COUNTY OF BRAZOS ) KNOW ALL MEN BY THESE PRESENTS~ That the CITY OF COLLEGE STATION, a Texas Home Rule Munici- pal Corporation, of the County of Brazos and State aforesaid, for and ~n consideration of the sum of Ten & 00/100 Dollars ($10.00) to it in hand paid by GTE SOUTHWEST INCORPORATED, a Delaware cor- poration, the receipt of which is hereby acknowledged and con- fessed, has this day granted and conveyed and does, by these presents, GRANT and CONVEY unto GTE SOUTHWEST INCORPORATED, its successors and assigns, an easement ten feet (10') in wxdth, to construct, place, operate, inspect, maintain, repair, replace and remove such buried communication cable as GRANTEE may from txme to time require, consisting of buried cable, markers and neces- sary fixtures and appurtenances, over, across, under and upon the following described property to-wit~ A portion of that certain tract or par- cel of land containing 1265.02 acres out of and a part of the S.W. ROBERTSON SUR- VEY, College Station, Brazos County, State of Texas, said tract being more particularly described in a Deed from Robert F. Spearman to the City of Col- lege Station, Texas, dated 24 July 1981, recorded in Volume 488 to Page 756 of the Deed Records, County and State aforesaid. An easement ten feet (10') in width, said easement being five feet (5') each side of a centerline, said centerline being more particularly described by "Exhibit A" and shown on "Exhibit B" ath tached hereto and made a part hereof and for the installation of an underground cable to service the Lick Creek Waste Water Treatment Plant; situated i~ Brazos County, State of Texas, and the GRANTOR recog- nizes the general course of said line, as above described, is based upon preliminary survey only, and GRANTOR hereby agrees that the easement hereby granted shall apply to the actual loca- tion of said line where constructed. GRANTOR covenants for itself, its successors and assigns, not to place or maintain any building or structure on said ease- ment. GRANTOR grants to the GRANTEE the right of ingress and egress over its adjacent lands to or from said right-of-way for the purpose of inspecting, mainta,ning, constructing, reconstruc- ting, operating and removing its buried communication cable and associated appurtenances over, under, across and upon the above- described property, and the right to place markers and other de- vices to support or mark said construction where necessary. The GRANTOR also agrees to include the right to relocate said buried communication cable on said premises to conform to any future highway relocation, widening or improvement. The GRANTOR acknowledges that the consideration recited above includes compensation for any and all damages to the sur- face or grass or crops located thereon resulting from original construction by GRANTEE. Should GRANTEE or its agents or employ- ees, subsequent to original installation of communication facili- ties within the easement described above, have occasion to enter upon the premises to perform maintenance upon such facilities, GRANTEE agrees to pay GRANTOR the actual cash value of that por- tion of crops destroyed in the course of performance of such maintenance; and GRANTOR agrees to receive such amount ~n full d~scharge of any claim for damages which might have been ad- vanced. TO HAVE AND TO HOLD the above-described easement and rights unto the said GRANTEE, its successors and assigns, until said line shall be abandoned. And GRANTOR does hereby bind itself, its successors and as- signs, to warrant and forever defend, all and singular, the above-described easement and rights unto the said GRANTOR, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. CITY OF COLLEGE STATION ATTEST: City Secr~t.~ry %.. STATE OF TEXAS ) ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LARRY RINGER, Mayor of the City of College Station, known to me to be the per- son and officer whose name is subscribed to the foregoing instru- ment and acknowledged to me that the same was the act of the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, and that he executed the same as the act of such corporation for the pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the [~ day of ~rnb(r , A.D. 1988. NOTARY PUBLIC ih-and for the State of Texas Printed Name: ~C~[ ~O~ My Comm. Exp.: ~-I~-qO. GRANTOR: CITY OF COLLEGE STATION GRANTEEz GTE SOUTHWEST INCORPORATED P.O. BOX 3158 BRYAN, TEXAS 77805 "E,V~IBIT A' JOE ORR, INC. 5urve~,or~ & Engineer~ Of[ice Phone 690-~.~8 * Rt. 3, Box 413 COLLEGE STATION, TEXAS ?7840 Proposed 10' GTE Easement Lick Creek Sewer Plant Site S.W. Robertson Survey College Station, Texas 19 August 1988 All that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey In College Station, Brazos County, Texas. being a part of that 1265.37 acre tract conveyed to the City of College Station, Texas, by deed recorded in Volume 488, Page 756 of the Deed Records of Brazos County. Texas, and being more particularly described as follows: Being an easement ten (10') feet In width lying five (5') feet each side of the following described centerline: Beginning in the southeast line of Rock Prairie Road. S 89' 0S' 07" V/ - 72.55 feet from the northeast corner of the said City of College Station 1265.37 acre tract; Thence S 2' 07' 38" E - 1637.80 feet through the said City of College Station tract, parallel to and 72.5 feet from the northeast line of same to the beginning of a curve to the right (R--47.5'); Thence along the arc of said curve through a central angle of 90' to the end of said curve; Thence S 86' 52' 22" W - 510.00 feet continuing through the said City of College Station tract to the beginning of a curve to the left (R=8~.5'); Thence along the arc of said curve through a central angle of 90' to the end of said curve; Thence S 3' 07' 38" E - 231.50 feet continuing through the said City of College Station tract to the Lick Creek Sewer Plant and the end of this easement. '?7007 "EXHIBIT B" ROCK PRNRI£ ROAD