Loading...
HomeMy WebLinkAbout1984V660P264 61- k(-1 (oga 1LEQr ... 292682 A ciocl�.... ; SEWER EASEMENT MAR 8 1984 FRAN ..c rI KI6 rvD MADE, this ;211 day of /4A-rt,1.} , 1984, between WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, (hereinafter called "Grantor") and the CITY OF COLLEGE STATION, Brazos County, Texas (hereinafter called "Grantee") , WITNESSETH: That for and in consideration of the sum of ONE THOUSAND AND NO/100 DOLLARS ($1 ,000.00) , the receipt whereof is hereby acknowledged, the Grantor hereby gives and grants unto the Grantee an underground easement, ten (10) feet in width, for the construction, placement, maintenance, operation, alteration, repair, replacement and/or removal of , nitary sewer lines consisting of conduits, manholes, pumps, and all other necessary and desirable fixtures and appurtenances of every kind and nature for sanitary sewer service under a portion of Grantor's property described as follows : Being a part of 53.883 acre tract or parcel of land lying and being situated in the Morgan Rector Survey, Abstract No. 46, College Station, Brazos County, Texas, as described in a Deed to Westinghouse Electric Corporation recorded in Vol . 475, Page 124 of the Brazos County Deed records; and said right-of-way easement being more particularly described as follows : Being a strip of land ten (10) feet in width, and abutting on the northwest a portion of an existing right-of-way granted by Easement dated July 6, 1982 between Westinghouse Electric Corporation, Grantor, and the City of College Station, Grantee, and lying to the northwest of the following described liner 'rl11 664P„G,E?_64 2/29/84 • fig ,,, Beginning at the point of intersection of the southeast line of the aforementioned 53.883 acre tract with the northeast right-of-way line of State Highway No . 6 East By-pass ; thence N 43 degrees, 51 ' , 15" E a distance of 893.62 feet, thence N 48 degrees, 36' , 30" W a distance of • 20 feet to the point of beginning : THENCE by the following bearings and dimensions : N 43 degrees, 51 ' , 15" E - 11 .33 feet, N 45 degrees, 43' , 47" E - 333.31 feet, N 46 degrees, 11 ' , 08" E - 124 .29 feet, N 44 degrees, 27' , 33" E - 680.57 feet, for a total distance of 1149.50 feet to a point on the northeast boundary line of the aforementioned 53.883 acre tract of land, and containing approximately 0.26 acres of land, more or less. Said easement is granted upon the following terms and conditions : 1 . Any work as set forth above shall be performed by Grantee at its sole expense . Grantee shall indemnify and save harmless the Grantor from and against all losses, liabilities, claims or demands whatsoever ( including without limitation, costs and expenses in connection therewith) arising out of any personal injury, including death resulting therefrom, or out of any damage to or loss or destruction of property, caused by the Grantee 's use of said easement. 2. Grantor covenants for its successors and assigns, not to construct, place, maintain or permit the construction, placement or maintenance of any building or such structure upon, over or across said easement . - 2 - 2/29/84 3. Grantor grants to Grantee the right of ingress and egress over its adjacent lands to or from said easement for the purpose of inspecting, maintaining, constructing, reconstructing, repairing, operating and/or removing said sanitary sewer systems and any or all fixtures and appurtenances thereto; the right to cut or trim trees and other foliage, roots , brush and other obstructions in the easement, to the extent, in the sole judgement of Grantee, as may be necessary to prevent possible inte. ference with the operation of said facilities and/or equipment or to remove possible hazard thereto. 4. Grantor further convenants and agrees that no part of improvements constructed, erected or placed on said land by Grantee shall be or become or be considered as being affixed to or a part of said property and that all improvements of every kind and nature constructed, erected or placed on said land or any part thereof by Grantee or its licensee, shall remain the property of the Grantee. 5. Grantor reserves the right to use and enjoy the property affected by said easement except insofar as such use and enjoyment does not unreasonably interfere with the exercise of the rights herein granted to Grantee. 6. If Grantee fails to use easement within one (1 ) year of the date hereof or once commencing use of the easement/right-of-way discontinues the use of the easement for a continuous period of one (1 ) year, then the right of easement herein granted shall automatically terminate except that Grantee shall continue to be obligated to Grantor under Paragraph 1 hereof for any claims, loss, liability, demands, costs and damages arising out of Grantee 's use. VOL 660PAr;[266 3 - 2/29/84 7. Grantee shall repair any damage to and/or restore the Grantor's property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement. 8. The right of easement herein is granted subject to prior rights, conditions, covenants, easements, and encumbrances , if any to which the Grantor's property is subject. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers and their corporate seals to be duly affixed, as of the day and year aforesaid. ATTEST: WESTINGHOUSE ELECTRIC CORPORATION Assistant Secretary � . ATTEST: CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS 4 i ` �, COA !/�1L tii By: • • - 4 - 696/29* ;f- COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY SS: /On this 1:32- day of /a,ecii , 1984:, before me 1j9r i.e/F- {! /Y�A�;c� c�,' the undersigned officer personally appeared d.P,2/So H who acknowledged himself to be the of WESTINGHOUSE ELECTRIC CORPORATION, a cor or�t�on an. p , t at he as such (/,eF, Ac.c/z4:- being authorized to do -so, ,exe:cuted the foregoing instrument for the purposes therein contained ,by 04niio. the name of the corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal . No y, Publ i c COMMONWEALTH OF TEXAS COUNTY OF BRAZOS ) SS: rD On this „7 -- dayof - C ,v�1 �w Er �2l,\ �f�RCt� , 1984, before me t= the undersigned officer personally appeared Hatt who acknowledged himself to be the k' =t. of CITY OF COLLEGE STATION, and t at he as such executed the foregoing ins rumen ort e purposesntherei nrcontainedto obyo, signing the name of y IN WITNESS WHEREOF, I hereunto set my hand and official seal . ,4116 ot. y Put is 4i,'y 04 .s--S VOL 660 268 5 - 2/29/84 •