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RIGHT-OF-WAY EASEMENT
STATE OF TEXAS §
S KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZOS §
That THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM,
hereinafter called the "GRANTOR" , acting by and through its Chan-
cellor, duly authorized by Board Minute Order No . 2g-78 of the
GRANTOR, on behalf of the State of Texas , by virtue of the author-
ity granted to the GRANTOR by Subtitle ( c) , Chapter 85 , Section
85 .26 , Texas Education Code, in consideration of the mutual bene-
fits to be derived by both Parties hereto, does hereby GRANT, BAR-
GAIN, SELL, AND CONVEY to the City of College Station, Texas,
hereinafter called the "GRANTEE" , its successors and assigns , a
twenty foot ( 20 ' ) wide electric utility line easement and right-
of-way being more particularly described as follows :
BEING a strip of land in the J .H . Jones
Survey, Abstract No . 148 , in Brazos Coun-
ty, Texas , twenty ( 20' ) feet in width
through that 63 .4 acre tract described as
FIRST TRACT in Condemnation Judgment No. /- _
41-A dated December 6 , 1943 and recorded
in Volume 5 of the Civil Minutes of the
County Court of Brazos County, Texas , and :
lying ten ( 10 ' ) feet each side of the
following described center line :
COMMENCING at a concrete right-of-way
marker found at the intersection of the
southeast line of F .M. 60 and the south-
west line of F.M . 2818 . ;.
THENCE S 59 degrees 57 ' 52" W - 268 .7 feet c
along the southeast right-of-way line of
F.M. 60;
THENCE S 34 degrees 30 ' 49" E - 5.0 feet
to the Point of Beginning of this ease- 3 0 a 2 i)2
ment;
THENCE S 57 degrees 53 ' 18" W - 176 .81
feet to an angle point;
THENCE S 56 degrees 19 ' 42" W - 1079 :16
feet to an angle point;
THENCE S 52 degrees 47 ' 07" W - 589 .89
72:31 :160
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feet to a point located S 38 degrees 06 ' E
- 22 .0 feet from the southeast line of
F .M. 60 and N 41 degrees 59 ' E - 25 .0 feet
from the southwest line of the said 63 .4
acre tract;
THENCE S 48 degrees 01 ' 03" E - 608 .27
feet parallel to and twenty five feet
( 25 ' ) from the southwest line of the said
63 .4 acre tract to the end of this ease-
ment .
which easement and right-of-way is hereinafter called the "Right-
of-Way" with the right to construct and erect an electric utility
line (hereinafter called the "Facility" ) and to maintain , repair ,
replace, and rebuild the Facility on and across the Right-of-Way
upon the following terms and conditions :
1 . It is agreed that when the Facility is placed on said
land, the location of the Right-of-Way shall hereby become fixed
at the actual location of the Facility and that the course and
location of said Right-of-Way, as evidenced by a survey made on
the ground by the GRANTEE, and shall not be changed except by
prior written agreement with the GRANTOR.
2. The GRANTEE is hereby granted the right of ingress and
engress to and from the Right-of-Way for the purpose of construct-
ing, maintaining, repairing, replacing, and rebuilding the Facili-
ty and such right is not granted for any other purpose . The
GRANTEE agrees to occupy the land only to the extent and for the
length of time necessary for operating, constructing, maintaining ,
repairing, replacing, and rebuilding the Facility.
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3 . It is understood that the GRANTEE cannot construct ,
erect, or maintain any facility unless the same is specifically
provided for in the first paragraph of this Agreement . However ,
the GRANTEE is entitled to replace said cable or line with a larg-
er or smaller cable or line , but it cannot build another cable or
line alongside its first cable or line or at another location
without having secured the prior written consent of the GRANTOR.
4 . It is agreed that if the GRANTEE damages or destroys any
fences , roads , bridges , culverts , buildings , or other property or
improvements on said land (other than the structures constructed
by the GRANTEE) that the GRANTEE will , within a reasonable time ,
rebuild and repair the same to the extent that they shall be in
like condition as before the GRANTEE damaged or destroyed them.
5 . As a part of the consideration for this easement , GRANTEE
agrees that Grantor shall have the absolute right to purchase said
utility line and any appurtenances thereto during the term of such
easement , at the expiration thereof , or upon its abandonment by
GRANTEE . Such utility line and any appurtenances thereto shall
remain in place during the term hereof and thereafter without the
right of Grantor to remove same .
The purchase price is based upon the actual construction
cost of such installation, which figure is not available at the
execution hereof . However, the schedule set out in Exhibit A
(attached) reflects the formula from which the price may be calcu-
lated at the time of purchase . The actual installation cost
figure ( in verifiable form) shall be provided to the Associate
Vice Chancellor and System Comptroller, of The Texas A&M Universi-
ty System by Grantee no later that January 1 , 1985 and the failure
to so provide such figure shall render this instrument null and
void.
6 . It is further agreed that the GRANTEE shall pay to the
GRANTOR all roadway construction costs attributable to cable or
line adjustments made necessary at any time in crossing the Right-
Of-Way.
7 . It is specifically understood and agreed that this grant
is a grant of right-of-way easement only, and does not grant the
fee or any interest in the minerals , in and to the land affected
hereby.
8 . In accordance with Section 85 .26 , Paragraph ( c) , Texas
Education code, this grant of an easement is hereby limited to a
term of not longer than ten ( 10) years and may be renewed there-
after at the election of the GRANTOR.
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9 . The GRANTOR hereby expressly reserves for its use and for
the use of any part of The Texas A&M University System total ac-
cess to, across , and along the Right-of-Way for its own operations
or for those operations of its contractors , employees , invitees ,
or licensees, such use to be in common with that of the GRANTEE .
EXECUTED this IV
day of Sep4tv►-, ber , 1984.
GRANTOR: THE BOARD OF REGENTS OF THE
THE TEXAS A&M UNIVERSITY SYSTEM
B y: gl),/�
W. A. Wasson
Associate Vice Chancellor
and System Comptroller
GRANTEE: CITY OF COLLEGE STATION, TEXAS
t \B 141:71 //.
Y:
Title:
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, on this day personally
appeared WILLIAM A. WASSON, Associate Vice Chancellor and System
Comptroller of The Texas A&M University System, known to me to be
the person whose name is subscribed to the foregoing instrument
i
' and acknowledged to me that he executed the same for the purposes
and consideration and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 104-- day of
Sep pW1ixY , 1984 .
�
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J. Q
No ary Public in and for
• r' Brazos County, Texas (, /
My commission expires: 0- 6- Csq.
Printed Name: Teresa Boriski
STATE OF TEXAS §
§
COUNTY OF 62,041
§
BEFORE ME, the undersigned authority, on this day personally
appeared ,2ye4,tC 8. &at-et ► _ �l-0tar/
Fi , known to me to be the person whose name is
L.��
scribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration and in the
capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this iia" - day of
AZ-(15 )-nie/L-) ► 1984.
' t
C.) .•• N t y Public in and fo
`' r zos County, Texas
• v My commission expires: 4-S-626
Printed Name : Janis Schwartz
Clr
n ':
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EXHIBIT A
In the event said utility line and appur-
tenances are purchased in accordance with the
terms of the agreement to which this schedule
is attached the purchase shall be , in any given
year as follows:
Purchase Price Formula
1 . During the First Year 100% of actual cost
of installation
2 . During the Second Year 90% of actual cost
of installation
3 . During the Third Year 80% of actual cost
of installation
4 . During the Fourth Year 70% of actual cost
of installation
5 . During the Fifth Year 60% of actual cost
of installation
6 . During the Sixth Year 50% of actual cost
of installation
7 . During the Seventh Year 40% of actual cost
of installation
8 . During the Eighth Year 30% of actual cost
of installation
9 . During the Ninth Year 20% of actual cost
of installation
10 . During the Tenth Year 10% of actual cost
of installation
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